Terms of Service

Last updated: October 23, 2026

1. The service

PortraitFest (portraitfest.com) is operated by Macallan Inc., 30 N Gould St Ste N, Sheridan, WY 82801, USA. PortraitFest turns one photo you upload into a set of festive, AI-generated portraits. By using the service — including generating a free preview or placing an order — you agree to these terms and to our Privacy Policy. If you do not agree, please do not use the service.

2. Who may use PortraitFest

You must be at least 18 years old to use PortraitFest. The service is not available to minors, and photos of minors may never be uploaded — not even by a parent or guardian.

3. Your photo: your promises and the license you give us

You keep all rights in the photo you upload. When you upload a photo, you promise us that:

— the photo is of you, or of an adult who has clearly given you permission to use it in this service;
— using the photo as you ask us to will not violate anyone else's rights, including privacy and publicity rights.

You give Macallan Inc. a limited license to store, copy, transmit, and process your photo — including sending it to our AI provider (fal) — solely to create and deliver the portraits you requested. That is the only purpose the license covers. It ends when your original photo is deleted, which happens automatically within 24 hours of generation. We never use your photo to train AI models, and we never build face templates from it.

4. What is prohibited

You may not:

— upload a photo of anyone under 18;
— upload a photo of another person without their permission, or use the service to impersonate anyone;
— upload unlawful content, or content that infringes someone else's rights;
— use portraits generated from someone else's photo to harass, defame, deceive, or create non-consensual imagery of any kind;
— attempt to defeat the watermark or resolution limits on free previews, probe or overload our systems, or misuse the service in any way that breaks the law.

If an order violates these rules, we may cancel it. If payment was taken for an order we cancel because of a violation, we will refund it unless the law requires otherwise.

5. Your portraits: what you own

As between you and us, the portraits in your delivered set are yours: once delivered, you may download them and use them for personal or commercial purposes — profile photos, gifts, cards, social media, print — without further permission from us and without royalties. We claim no ownership of your delivered portraits.

Two honest caveats of AI generation: we cannot guarantee that any particular output is unique (similar images may exist), and the legal protection available for AI-generated images varies by jurisdiction. You are responsible for how you use your portraits, including respecting other people's rights in how and where you publish them.

6. Payment and delivery

Prices are in US dollars and are shown before you pay. Payment is processed by Stripe; PortraitFest is a one-time payment, never a subscription. After payment, your portraits are generated automatically and a download link is emailed to the address you provided. Download links remain valid for 7 days; if a link expires before you have downloaded your set, contact us and we will re-issue it once, free of charge. The free preview shows one finished, watermarked portrait so you can judge the style and likeness before paying.

AI generation is not perfectly predictable: poses, backgrounds, and fine details vary from image to image. If generation fails, we retry automatically; if it still cannot complete, you receive an automatic full refund. Your remedies for quality concerns are described in our Refund Policy, which forms part of these terms.

7. Availability and changes to the service

We work to keep PortraitFest available, but the service is provided "as is" and "as available," and we do not guarantee uninterrupted operation. We may change themes, plans, or features over time. If a change affects an order you have already paid for, we will complete it as promised or refund it.

8. Limitation of liability

To the maximum extent permitted by law, Macallan Inc.'s total liability for any claim arising from your use of PortraitFest is limited to the amount you paid for the order giving rise to the claim. We are not liable for indirect, incidental, or consequential damages — such as lost profits or missed occasions — arising from use of the service or its output. Nothing in these terms limits liability that cannot lawfully be limited.

9. Governing law

These terms are governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-law rules. Any dispute arising from these terms or the service will be resolved in the state or federal courts located in Wyoming, and you consent to their jurisdiction.

10. Changes to these terms

We may update these terms from time to time. The version posted on this page, with the date at the top, is the version that applies. Changes take effect when posted and apply to orders placed after that time; the terms in effect when you placed an existing order continue to govern that order.

11. Contact

Questions about these terms: [email protected]. Macallan Inc., 30 N Gould St Ste N, Sheridan, WY 82801, USA.