Effective Date: June 17, 2026 | Last Updated: June 17, 2026
Please read these Terms & Conditions carefully before using PortraitGift.com. These Terms contain a binding individual arbitration agreement and a class action waiver (see the "Dispute Resolution; Binding Arbitration; Class Action Waiver" section) that affect your legal rights. They also include limitations of liability and disclaimers of warranties. By accessing or using our services, uploading content, or placing an order, you agree to be bound by these Terms.
These Terms & Conditions ("Terms") form a legally binding agreement between you ("you," "your," or "user") and PortraitGift LLC, together with its affiliates, owners, officers, directors, employees, contractors, agents, service providers, successors, and assigns ("PortraitGift," "we," "us," or "our"), governing your access to and use of the website located at PortraitGift.com, our mobile and web applications, AI-powered preview and artwork generation tools, products, and all related services (collectively, the "Services").
By accessing or using the Services, creating an account, uploading or submitting any content, generating a preview, or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Return & Refund Policy, each of which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not access or use the Services.
If you use the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.
You must be at least 16 years of age, and the age of majority in your jurisdiction, to use the Services or place an order. By using the Services, you represent and warrant that you meet these requirements and that you have the full right, power, and authority to enter into these Terms and to perform all of your obligations under them. The Services are not directed to children, and we do not knowingly collect personal information from children. See our Privacy Policy for more information.
Some features of the Services may require you to provide an email address or create an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of any credentials associated with your account and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to safeguard your account.
PortraitGift provides personalized artwork and gift products created from photographs and other content you submit, using a combination of automated systems, artificial intelligence, image-processing technologies, and human review. We offer digital deliverables and/or physical printed products depending on the option you select at checkout.
We reserve the right, at any time and without prior notice, to modify, suspend, or discontinue all or any part of the Services, including any feature, product, style, model, or tool, and to impose limits on certain features or restrict access to parts or all of the Services. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.
For most products, we provide a digital preview before your purchase is finalized so you can review the artwork. By approving a preview and completing checkout, you confirm that the preview meets your expectations. You are responsible for reviewing the preview for accuracy, including spelling, names, options, sizing, and likeness. Because our products are personalized and made to order, approval of a preview may limit your eligibility for certain refunds, as described in our Return & Refund Policy.
Shipping timelines, returns, replacements, and refunds are governed by our Return & Refund Policy, which is incorporated into these Terms by reference. Because our products are custom-made and personalized to your specifications, they are generally not eligible for return or refund based on change of mind. Please review that policy carefully before placing your order.
By uploading, submitting, transmitting, or otherwise providing any photograph, image, artwork, likeness, text, or other content ("User Content"), you represent, warrant, and agree that:
You acknowledge that PortraitGift relies upon these representations in accepting and processing your order.
You grant PortraitGift LLC, its affiliates, contractors, service providers, successors, assigns, and sublicensees a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable license to:
your User Content solely for the purposes of:
The foregoing license continues only for as long as reasonably necessary to provide the Services and comply with legal, security, operational, and recordkeeping obligations.
You expressly authorize PortraitGift to use automated systems, machine learning systems, artificial intelligence technologies, image-processing technologies, and third-party providers to process User Content.
You acknowledge and agree that:
AI outputs are provided on an "as available" basis.
You represent and warrant that every person depicted in submitted User Content has consented to the creation, processing, modification, printing, display, and delivery of the requested products.
If any depicted individual is a minor, you represent and warrant that you are the parent, legal guardian, or otherwise possess legal authority to provide such consent.
PortraitGift may reject, remove, suspend, cancel, or refuse any order or content at any time for any reason.
Without limitation, prohibited content includes:
In addition, you agree not to: (a) use the Services for any unlawful purpose or in violation of any applicable law or regulation; (b) interfere with, disrupt, overload, or attempt to gain unauthorized access to the Services, our servers, or networks; (c) use any robot, scraper, or other automated means to access or abuse the Services, including generating excessive previews or otherwise imposing an unreasonable load on our systems; (d) reverse engineer, decompile, or attempt to extract source code, models, or prompts from the Services; or (e) resell, sublicense, or commercially exploit the Services or any output except as expressly permitted. Uploading or requesting prohibited content is a material breach of these Terms, and we reserve the right to refuse service, cancel the order without refund, suspend or terminate your access, and, where appropriate, report illegal content to the relevant authorities.
The Services, including all software, models, designs, artwork styles, templates, text, graphics, logos, trademarks, trade dress, and other materials (excluding your User Content), are owned by or licensed to PortraitGift and are protected by intellectual property and other laws. Except for the limited rights expressly granted to you, no rights are transferred to you.
Personal use only. Personalized artworks, designs, and portrait styles created through PortraitGift.com are intended for personal use only. Reproduction, resale, or commercial use of our designs, artwork templates, and personalized portraits outside of PortraitGift.com is strictly prohibited without an official written partnership or licensing agreement. If you are interested in commercial licensing, contact us at contact@portraitgift.com.
PortraitGift reserves the right to remove content and suspend services upon receipt of intellectual property complaints or reasonable suspicion of infringement. Repeated infringement may result in permanent account termination.
If you believe that content available through the Services infringes your copyright, you may submit a written notice to our designated agent that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
Designated Copyright / IP Agent:
PortraitGift LLC — Legal Department
Email: contact@portraitgift.com (subject line: "DMCA Notice")
PortraitGift reserves the right to:
where fraud, abuse, chargeback risk, policy violations, or security concerns are suspected. You agree not to initiate a chargeback or payment dispute without first contacting us in good faith to resolve the issue. Fraudulent chargebacks may result in suspension or termination of your access to the Services and may be reported to the relevant authorities and payment networks.
The Services rely on, and may contain links to, third-party services, websites, payment processors, manufacturers, shipping carriers, and AI providers that are not owned or controlled by PortraitGift. We are not responsible for the content, policies, availability, or practices of any third party. Your use of third-party services may be subject to their own terms and policies, and we encourage you to review them. Your dealings with third parties are solely between you and the third party.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless PortraitGift LLC, its owners, officers, directors, employees, contractors, agents, suppliers, licensors, successors, and assigns from and against any and all claims, actions, demands, investigations, proceedings, liabilities, damages, judgments, settlements, losses, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with our defense of such claim.
THE SERVICES, PRODUCTS, AI OUTPUTS, PREVIEWS, WEBSITE, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE."
PORTRAITGIFT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF:
MERCHANTABILITY · FITNESS FOR A PARTICULAR PURPOSE · NON-INFRINGEMENT · TITLE · ACCURACY · AVAILABILITY · SECURITY · ERROR-FREE OPERATION.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, such warranties are limited to the minimum scope and duration permitted by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
PORTRAITGIFT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS INTERRUPTION.
THE TOTAL AGGREGATE LIABILITY OF PORTRAITGIFT ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:
(A) THE AMOUNT PAID FOR THE APPLICABLE ORDER; OR
(B) ONE HUNDRED UNITED STATES DOLLARS (USD $100).
THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF PORTRAITGIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN SUCH CASE OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
PortraitGift shall not be liable for any delay, interruption, or failure resulting from causes beyond its reasonable control, including:
These Terms shall be governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Subject to the arbitration provisions below, the exclusive jurisdiction and venue for any dispute not subject to arbitration shall be the state and federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.
Informal resolution first. Before initiating any arbitration, you agree to first contact us at contact@portraitgift.com and provide a brief written description of the dispute and your contact information. The parties will attempt to resolve the dispute informally for at least thirty (30) days before either party may initiate arbitration.
Binding individual arbitration. Any dispute arising out of or relating to the Services or these Terms shall be resolved exclusively through binding individual arbitration, rather than in court, except that either party may bring an individual claim in small-claims court if it qualifies. The arbitration shall be administered by a recognized arbitration provider under its applicable consumer rules, and judgment on the award may be entered in any court of competent jurisdiction.
YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE PROCEEDING.
ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. DISPUTES OF MORE THAN ONE PERSON MAY NOT BE ARBITRATED OR CONSOLIDATED TOGETHER. YOU AND PORTRAITGIFT EACH WAIVE THE RIGHT TO A TRIAL BY JURY.
30-day opt-out. You may opt out of this arbitration agreement by sending written notice to contact@portraitgift.com within thirty (30) days of first accepting these Terms, stating your name and your intent to opt out of arbitration. Opting out will not affect any other provision of these Terms.
If the class action waiver above is found to be unenforceable as to a particular claim, then that claim shall be severed and may proceed in court, while all other claims shall remain subject to arbitration.
We may suspend, restrict, or terminate your access to the Services, in whole or in part, at any time and without prior notice or liability, including if we believe you have violated these Terms, engaged in fraud or abuse, or created risk or possible legal exposure for us. Upon termination, the rights and licenses granted to you will cease, but any provisions that by their nature should survive termination will continue to apply, as set forth in the "Survival" section.
We may update or modify these Terms from time to time. When we do, we will revise the "Last Updated" date above and, where appropriate, provide additional notice. Changes are effective when posted. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.
All provisions relating to intellectual property, licenses, disclaimers, indemnification, limitations of liability, dispute resolution, and governing law shall survive termination of these Terms.
If you have any questions about these Terms & Conditions, please contact us:
Company: PortraitGift LLC
Email: contact@portraitgift.com
Website: www.portraitgift.com
Chat: Available on our website