Terms of Service

1.1 Eligibility

• You must be at least 16 years old to use the Service.
• If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
• You are responsible for ensuring that your use of the Service complies with all applicable laws and regulations in your jurisdiction.

1.2 Account Responsibility

• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• You agree to provide accurate, current, and complete information during registration and to update such information as necessary.
• We reserve the right to suspend or terminate accounts that violate these Terms or are used for fraudulent or illegal purposes.

OneTake provides AI-generated professional headshots. You upload photos of yourself, and our AI pipeline (powered by the FLUX.2 model family running on Replicate) generates a set of headshot variations.

• This is a one-time purchase service. There are no subscriptions, no recurring charges, and no automatic renewals.
• Service availability is not guaranteed. We may experience downtime for maintenance, updates, or due to factors beyond our control.
• We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice.

3.1 Photo Upload Requirements

You agree that the photos you upload:

• Are photos of yourself.
• If they contain images of other people, you have obtained their explicit, informed consent to be photographed, to have their likeness generated by AI, and to use the resulting images as described in these Terms.
• Do not contain nudity, sexually explicit content, hate speech, violence, or any illegal material.
• Do not infringe on the intellectual property or privacy rights of any third party.

3.2 Prohibited Activities

You may not:

• Use the Service to generate misleading, deceptive, or fraudulent content (including deepfakes intended to impersonate others without consent).
• Use the Service to create AI models, datasets, or training data that competes with OneTake.
• Attempt to reverse engineer, decompile, or extract the underlying AI model weights or architecture.
• Use automated means (bots, scrapers) to access the Service without our prior written permission.
• Interfere with or disrupt the Service, its servers, or its networks.
• Resell, redistribute, or sublicense the Service or its outputs as a standalone product.

4.1 Nature of AI Output

• AI-generated headshots are produced by generative models and may vary in quality, realism, and accuracy based on input photo quality.
• We do not guarantee that every generated headshot will meet your aesthetic expectations. We recommend uploading clear, well-lit, front-facing photos without filters or heavy makeup for best results.

4.2 Ownership of Output

• Subject to your compliance with these Terms, you own the AI-generated headshots produced from your uploaded photos.
• You grant OneTake a limited, non-exclusive license to store and deliver the generated headshots to you, and to retain them for the period specified in our Privacy Policy.
• OneTake does not claim ownership of your uploaded photos or generated headshots. We do not use your outputs to train our own models or for any purpose other than providing the Service to you.

• All prices are listed in US Dollars (USD) and are subject to change with notice. Price changes do not affect orders already placed.
• Payment is processed by our third-party payment processor. By making a purchase, you agree to the payment processor’s terms and conditions.
• You are responsible for any applicable taxes, duties, or fees imposed by your jurisdiction. Our payment processor handles VAT/GST/sales tax collection where required by law.
• We reserve the right to refuse or cancel any order at our discretion, including orders suspected of fraud or unauthorized payment methods.

Our refund policy is detailed in full on our Refund Policy page. Key points:

• Technical failures only: Automatic refunds apply when our AI service fails to generate headshots due to a technical issue on our end.
• Full refund: If all ordered headshots fail to generate.
• Pro-rata refund: If only some headshots fail, we refund the proportional amount.
• Refunds are processed through our payment processor and typically appear within 5–10 business days.

• The OneTake brand, logo, website design, and original content are our exclusive property and are protected by copyright, trademark, and other intellectual property laws.
• The underlying AI models (FLUX.2) are owned by their respective developers and are used under license via Replicate.
• You retain all rights to the photos you upload. You grant us a limited, non-exclusive license to process those photos solely for the purpose of providing the Service.

The Service integrates with third-party services including Clerk (authentication), our payment processor, Replicate (AI inference), Neon (database hosting), Vercel (application hosting), and Resend (email delivery). We are not responsible for the availability, accuracy, or practices of these third-party services. Your use of these services may be subject to their respective terms and privacy policies.

• THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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 free of harmful components, or that AI-generated results will meet your particular expectations.
• AI-generated headshots are synthetic images. You are solely responsible for determining whether they are suitable for your intended use (e.g., professional profiles, identification documents).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• OneTake, its owners, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of, or inability to use, the Service.
• Our total liability for any claim arising out of or relating to the Service shall not exceed the amount you paid us for the specific order giving rise to the claim in the 12 months preceding the event.
• These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

You agree to indemnify, defend, and hold harmless OneTake and its owners, employees, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your violation of these Terms.
• Your use of the Service in violation of applicable law.
• Photos you upload that infringe third-party rights (privacy, publicity, intellectual property).
• Your use of AI-generated headshots in a manner that causes harm to third parties.

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, if you breach these Terms. Upon termination, your right to use the Service will immediately cease. You may terminate your account at any time by contacting us. Provisions that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and indemnification) shall survive.

• These Terms shall be governed by and construed in accordance with the laws of Hong Kong SAR, without regard to its conflict of law provisions.
• Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through informal negotiation. If the dispute cannot be resolved informally within 30 days, either party may pursue resolution through binding arbitration in Hong Kong.
• You agree to resolve disputes on an individual basis, and waive any right to participate in a class action or class-wide arbitration.

We reserve the right to modify these Terms at any time. Material changes will be communicated by updating the “Last updated” date on this page and, where appropriate, by email notification. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

For questions about these Terms, please contact us at support@tryonetake.com.