Don Evans Photography - Terms of Service Last Updated: September 14, 2026

1. Acceptance of Terms & Age Restriction By accessing and using this AI Headshot generation platform ("Service"), you agree to be bound by these Terms of Service. If you do not agree, you may not use the Service. By accessing and using this Service, you represent and warrant that you are at least 18 years of age and possess the legal authority to form a binding contract.

2. Provision of Service & "As-Is" Disclaimer The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free operation of the platform or the final rendered media.

3. AI Generation, Accuracy, and Zero Revisions The Service utilizes artificial intelligence (AI) and automated scripting to generate corporate portraits, headshots, and digital media. AI can produce errors, artifacts, or inaccurate physical representations. The User is legally bound to review and verify all generated media before publishing or distributing it. Don Evans Photography bears zero liability for false advertising, misrepresented likeness, or professional identity inaccuracies outputted by the platform.

Zero Revisions & Subjective Preferences: The Service operates as an automated, algorithmic generation engine. We do not offer manual Photoshop editing, custom prompt tweaking, or micro-customizations (e.g., requesting specific tie colors or architectural backgrounds). Subjective dissatisfaction with wardrobe choices, seasonal environments, or AI interpretations does not warrant a refund, a manual revision, or a studio reshoot. Users requiring exact, granular control over their imagery must book a standard, full-priced custom commercial photography session.

4. Third-Party Services & Data Integrations Don Evans Photography relies on third-party APIs and processing engines (including but not limited to hosting providers, image renderers, and AI models). Don Evans Photography is not responsible or liable for any downtime, service interruptions, or changes in access rules caused by these third-party vendors.

5. Payments, Subscriptions, and No-Refund Policy Because the generation of marketing assets immediately incurs non-recoverable hard costs via third-party API processing (e.g., server time, AI processing, image rendering), all purchases—including single-batch orders and recurring subscription fees—are final. Don Evans Photography enforces a strict no-refund policy for generated assets.

  • Recurring Billing: By enrolling in a monthly Brand Vault subscription, you authorize Don Evans Photography to automatically charge your provided payment method on a recurring monthly basis until canceled.

  • Studio Baseline Commitment: The Greensboro Studio Baseline includes a heavily discounted in-person capture session ($150 setup fee vs. the standard $295 rate) in exchange for a mandatory 6-month subscription commitment. If a User cancels a Studio Baseline subscription before the 6-month minimum term is completed, the User authorizes an immediate, one-time early termination charge of $145 to recover the discounted studio fee.

  • Chargebacks: Disputes or chargebacks filed after assets have been rendered or studio time has been utilized constitute a violation of these terms and will result in immediate account termination and collections proceedings.

6. User Content & Image Processing License Users retain ownership of the photos, text, and other materials ("Content") they upload. By uploading Content, you grant Don Evans Photography a temporary, non-exclusive license to host, process, and modify your images for the sole purpose of rendering your requested marketing assets. Users are solely responsible for ensuring they possess the necessary copyright permissions and licenses for all uploaded Content.

7. Copyright Infringement & DMCA Safe Harbor In accordance with the Digital Millennium Copyright Act (DMCA), we have adopted a policy of terminating, in appropriate circumstances, users who are repeat infringers. If you believe your copyright has been infringed by content hosted on this platform, please submit a written notification including: (a) a physical or electronic signature of the authorized person; (b) identification of the copyrighted work; (c) identification of the infringing material; (d) contact information; (e) a statement of good faith belief; and (f) a statement of accuracy under penalty of perjury.

8. Indemnification & Limitation of Liability You explicitly agree to indemnify, defend, and hold harmless Don Evans Photography, its founders, affiliates, and partners from any claims, fines, lawsuits, damages, chargebacks, or legal fees arising from your use of the platform. If you are sued, fined, or disciplined by an employer, corporate board, or copyright holder for a non-compliant corporate profile, advertisement, or digital portrait generated using our tools, Don Evans Photography bears zero liability.

9. Governing Law These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions.

10. Real Estate Advertising & Regulatory Compliance The Service is designed to provide high-quality marketing assets, but Don Evans Photography makes no guarantees regarding compliance with local, state, or federal real estate advertising regulations. The User assumes full and total liability for ensuring that any AI-generated portraits used in active marketing comply with the North Carolina Real Estate Commission (NCREC) guidelines or any other applicable real estate board's rules regarding accurate and truthful representation of a licensee's likeness.