Terms of Service

Agreement 

Welcome to A Life Portrait, a service provided by The Good Code LLC (“Company”, “we”, “us”, or “our”). By accessing or using our platform, website, and related services (collectively, the “Service”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, do not use the Service.

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By accessing or using the Services in any manner, you agree to be bound by these Terms. These Terms apply to all users of the Service, regardless of device or access method.

If you are entering into these Terms on behalf of an entity, all references to “you” in these Terms other than in this paragraph refer to the entity and you represent and warrant that you are a duly authorized representative with the authorization to act on behalf of the entity and bind the legal entity to these Terms. You may use the Services only in compliance with these Terms.

PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH ARBITRATION SECTION BELOW.

Modification to Terms

A Life Portrait reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. The date of the last modification to the Terms will be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.

User Accounts

To access certain features, you may need to create an account. You agree to provide accurate, current, and complete information and to keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.

Purchased Services

The Platform is a web-based service that preserves one’s memories and legacy in a portrait. No fee is charged to create a user account. Users may elect to make a one-time payment to gain access to premium portrait creation features. A “portrait” is defined as a single-page tribute to one individual, with limits on uploaded content based on the selected package.

By purchasing the service, you acknowledge that:

• It is your responsibility to ensure the chosen package meets your needs.

• Features and services may change or be updated from time to time.

• Some features may be governed by additional or separate terms.

• A Life Portrait reserves the right to suspend, cancel, or deny access to any user account that violates these Terms or misuses the platform.

Privacy

We respect your privacy; please see our Privacy Policy to learn more about how we handle your personal data.

Content Ownership and License

You retain ownership of any content (photos, videos, audio, text, PDFs, etc.) you upload to the platform ("User Content"). You grant The Good Code LLC a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your content solely to operate and improve the Services.

Content Restrictions

You agree not to upload, share, or store content that:

• Violates any law or regulation

• Infringes upon intellectual property rights

• Contains explicit, sexual, or pornographic content

• Depicts violence or promotes illegal activities

• Impersonates a real person without consent (AI-generated or not)

• Harasses or threatens others

• Includes malicious code, viruses, or exploits

You acknowledge and agree that you are solely responsible for your User Content. Accordingly, you represent and warrant that you have all rights, licenses, consents and releases that are necessary to grant to A Life Portrait the license above. If the User Content violates these Terms in any way, we reserve the right to remove Your Content from the Services.
‍Violation of these rules may result in account suspension or termination without refund.

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Just as you are responsible for Your Content, other users of the Services are responsible for the content they submit and create through the Services (collectively, “Other User Content”). Although A Life Portrait reserves the right to review, moderate, or remove any content that appears on the Services, we are not required to do so. WE DO NOT MAKE ANY GUARANTEES ABOUT OTHER USER CONTENT, INCLUDING WHETHER THE OTHER USER CONTENT IS ACCURATE OR APPROPRIATE

Use of Third-Party Content

You may be able to import User Content from certain third party platforms (each, a “Third Party Platform”). Your use of any Third Party Platform is subject to a separate agreement between you and the provider of that Third Party Platform (the “Third Party Provider”). You hereby acknowledge that A Life Portrait does not control such Third Party Providers or Third Party Platforms, and cannot be held responsible for their content, operation, or use. A Life Portrait does not make any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided through Third Party Platforms.

A LIFE PORTRAIT HEREBY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY THIRD PARTY PLATFORMS AND FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY PROVIDERS, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST A LIFE PORTRAIT WITH RESPECT TO THE CONTENT OR OPERATION OF ANY THIRD PARTY PLATFORMS.

Acceptable Use

A Life Portrait hereby grants you permission to access and use the Services, provided such use is in compliance with these Terms, and you further specifically agree that your use will adhere to the following restrictions and obligations:

• You may only use the Services for your own personal, non-commercial use and in accordance with these Terms and any codes of conduct provided by A Life Portrait. You may not transfer your access to others or allow others to access the Services through your own access.

• You may only use the Services for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations.

• You may not use the Services in any manner that A Life Portrait deems to be harmful, violent, fraudulent, deceptive, explicit, inappropriate, threatening, harassing, defamatory, obscene, or otherwise objectionable.

• You may not submit information or content to the Services that you do not have the right to submit. For example, you may not submit content through the Services that includes the likeness or intellectual property of another person, except to the extent you obtain prior express permission from that person.

• You may not exploit the services in any commercial manner. 

• You may not use the services n any podcast, broadcast, publication, or other media intended for commercial gain without our prior written consent.

• You may not copy, rip, or capture any content encountered on the Services. This includes bulk copying or "scraping" any portion of the Services content using a bot or other tool.

• You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.

• You may not enter, store or transmit viruses, worms or other malicious code within, through, to or using the Services.

• You may not defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Services.

• You may not remove or obfuscate any product identification, copyright or other proprietary notice from any element of the Services or associated documentation.

Payments and Refunds

All purchases are one-time payments. Each plan includes fixed usage limits (e.g., number of photos, videos, storage). You may purchase additional packages as needed. All sales are final. No refunds will be issued, including for account suspension due to violations.

A Life Portrait reserves the rights to add new usage limits at its discretion.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that A Life Portrait has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Services.

Modification to Services

A Life Portrait may modify the Services from time to time. We shall have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you or any other third party may incur as a result of changes to the Services.

Termination

We reserve the right to suspend or terminate your account or access to the Services at any time, with or without notice, for any or no reason. You may terminate your User Account or Individual Portraits at any time through the platform. 

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Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any limitations on our liability, any terms regarding ownership or intellectual property rights, indemnification, and terms regarding disputes between us.

Data Retention and Deletion 

You may delete your user account or portrait at any time. Upon deletion, your content will be removed from our active systems, though backup copies may be retained for a limited period as part of standard data protection protocols.

A Life Portrait is committed to providing lifetime access to your purchased portraits, so long as the platform remains active and operational. However, we reserve the right to remove or archive inactive accounts after an extended period of dormancy (e.g., 5+ years of no login activity), provided reasonable notice is given to the account holder beforehand.

Collaboration Features

You may invite others to contribute to your Life Portrait. These contributors must agree to abide by these Terms. You are responsible for the content they upload under your project.

Intellectual Property

All trademarks, logos, and software associated with A Life Portrait are owned by The Good Code LLC. You may not copy, modify, distribute, or reverse-engineer any part of the Services.

Disclaimers

The site is provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.  If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Idemnification

To the fullest extent allowed by applicable law, you agree to indemnify, defend, and hold A Life Portrait, its affiliates, officers, agents, and employees harmless from and against any and all third-party claims, and any resulting liabilities, damages, losses and expenses (including attorneys’ fees) arising from or in any way related to (a) your use of the Services (including any actions taken by a third party using your account), (b) your violation of these Terms, and (c) any dispute between you and one or more other users.  

Release From Liability for Disputes Among Users

YOU ASSUME ALL RISK REGARDING YOUR INTERACTIONS WITH ANY OTHER USERS OF THE SERVICES.

YOU HEREBY RELEASE AND HOLD A LIFE PORTRAIT (AND A LIFE PORTRAIT’S OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, OTHER AFFILIATES, SUCCESSORS, ASSIGNS, AGENTS, REPRESENTATIVES, AND INDEPENDENT CONTRACTORS (COLLECTIVELY, THE “RELEASED PARTIES”)) HARMLESS FROM ANY CLAIM OR CONTROVERSY THAT MAY ARISE OUT OF THE ACTIONS OR INACTIONS OF, OR THE RELATIONSHIP BETWEEN, YOU AND ANY OTHER USER OF THE SERVICES.

Limitation of Liability 

‍TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL A LIFE PORTRAIT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $20 OR (II) THE AMOUNTS PAID BY YOU TO A LIFE PORTRAIT IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, NATURAL DISASTERS, POWER FAILURES, INTERNET OUTAGES, OR ACTS OF GOVERNMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Notices

Any notices or other communications permitted or required hereunder will be in writing and given by A Life Portrait (a) via email (in each case to the address that you provide) or (b) by posting to the Website.

No Waiver

The failure of A Life Portrait to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

Governing Laws and Arbitration

These Terms are governed by and will be construed under the laws of the state of California, without regard to the conflicts of laws provisions thereof. The arbitration shall be held in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. The arbitration shall be held in the US county of your most recent physical address or, if there is no such US county, in Orange County, California. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. 

Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Orange County, California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.  YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND A LIFE PORTRAIT ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Severability

If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Assignment

‍You may not assign or transfer these Terms, by operation of law or otherwise, without A Life Portrait's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Unless a person or entity is explicitly identified as a third party beneficiary to these Terms, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties.

Entire Agreement

‍These Terms constitute the entire agreement between you and A Life Portrait regarding your use of the Services, and supersede all prior written or oral agreements. 

Contact Us

If you have any questions about the Services, please contact us at:

The Good Code LLC

Email: support@alifeportrait.com