portrt Full Terms of Service

Last Updated: [INSERT DATE]

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Growing Portraits LLC (“Growing Portraits,” “Company,” “we,” “us,” or “our”) governing your access to and use of the portrt platform, including all associated websites, applications, software, APIs, AI-assisted systems, QR-linked experiences, ecommerce functionality, interactive portrait systems, content management systems, media processing systems, personalization systems, and related services made available under the portrt name or any affiliated branding (collectively, the “Platform”).

The Platform operates under the portrt brand and related identifiers, which are operated by Growing Portraits LLC under license from GRP Holding Incorporated.

By accessing, browsing, creating an account, uploading content, purchasing products, or otherwise using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms, our Privacy Policy, and any additional policies, guidelines, or supplemental terms incorporated herein by reference.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.

2. Eligibility and Authority

You represent and warrant that:

• You are at least thirteen (13) years of age or the minimum legal age required in your jurisdiction to use the Platform;
• You possess the legal capacity and authority to enter into these Terms;
• Your use of the Platform does not violate any applicable law, regulation, or contractual obligation;
• All information submitted by you is truthful, accurate, and current.

If you are using the Platform on behalf of a business, organization, military unit, school, nonprofit entity, estate, collective, or other legal entity, you further represent and warrant that you possess authority to bind such entity to these Terms.

3. Nature of the Platform

The Platform is a creative tool, collaborative environment, and hosting service intended to facilitate narrative expression, media organization, collaborative storytelling, AI-assisted creative workflows, memory-related experiences, and related expressive activities.

You acknowledge and agree that:

• The Platform does not function as a historical archive, journalism entity, factual verification service, or records authentication provider;
• Content available on the Platform may contain fictionalized, dramatized, symbolic, reconstructed, speculative, altered, stylized, subjective, emotionally interpreted, AI-assisted, incomplete, inaccurate, or otherwise non-literal material;
• The Platform does not independently verify the factual accuracy, legality, authenticity, ownership, chronology, or historical legitimacy of User Content;
• The Platform does not act as an adjudicator of personal disputes, family disputes, historical claims, emotional interpretations, ownership disagreements, narrative disagreements, or factual controversies between users or third parties.

You further acknowledge that users may create, reinterpret, rewrite, modify, derive from, save, reference, transform, or independently reproduce expressive works, stories, or narrative elements encountered on the Platform.

The Company makes no representation that any content published through the Platform constitutes factual, historical, documentary, biographical, or objectively accurate material.

4. User Accounts and Security

Access to certain portions of the Platform may require creation of a user account.

You are solely responsible for:

• Maintaining the confidentiality and security of your credentials;
• Restricting unauthorized access to your account;
• All activity occurring under your account;
• Maintaining accurate and current account information.

You agree not to:

• Share credentials with unauthorized persons;
• Impersonate another individual or entity;
• Create accounts through unauthorized automated means;
• Circumvent authentication or security measures;
• Access accounts, systems, or data that do not belong to you;
• Use bots, crawlers, scraping tools, automated extraction systems, or unauthorized scripts against the Platform;
• Reverse engineer, decompile, replicate, or interfere with Platform systems, APIs, AI systems, rendering systems, QR systems, export systems, recommendation systems, or associated infrastructure.

We reserve the right, at our sole discretion and without liability, to suspend, restrict, terminate, remove, or investigate accounts, activity, or content for any reason or no reason, including suspected violations of these Terms, legal obligations, operational concerns, or security risks.

5. User Content

“User Content” means any information, media, text, journals, timelines, stories, images, audio, video, artwork, metadata, comments, QR-linked materials, imported content, AI-assisted outputs, likenesses, names, people references, or other materials submitted, uploaded, generated, created, stored, transmitted, organized, or distributed through the Platform.

You retain ownership rights, if any, that you possess in your original User Content.

However, by submitting or making User Content available through the Platform, you grant Growing Portraits LLC, its affiliates, licensors, successors, assigns, contractors, fulfillment providers, service providers, sublicensees, and technology partners a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid, non-exclusive license to host, store, reproduce, display, distribute, modify, adapt, process, analyze, transmit, export, create derivative works from, publicly perform, publicly display, synchronize, format, compress, optimize, index, organize, convert, publish, archive, duplicate, and otherwise use such User Content in connection with:

• Operation of the Platform;
• AI-assisted functionality;
• System optimization and improvement;
• Metadata processing;
• Recommendation and organizational systems;
• Content formatting and transformation;
• QR-linked experiences;
• Physical product generation and fulfillment;
• Backup and disaster recovery systems;
• Fraud prevention and security monitoring;
• Internal analytics and operational analysis;
• Legal compliance;
• Platform maintenance, enhancement, and promotion.

You acknowledge and agree that:

• User Content may be copied, saved, reshared, transformed, exported, referenced, reinterpreted, modified, or independently recreated by other users;
• Collaborative environments may result in independently owned or separately controlled derivative content objects;
• Deletion of User Content by one user may not eliminate copies, references, derivatives, screenshots, exports, reinterpretations, or independently maintained versions elsewhere;
• The Company has no obligation to restore deleted content;
• The Company has no obligation to guarantee exclusivity, originality, permanence, confidentiality, or containment of User Content.

You represent and warrant that:

• You possess all rights necessary to submit the User Content;
• Your User Content does not violate applicable law or third-party rights;
• Your User Content does not infringe intellectual property, privacy, publicity, or contractual rights;
• You assume sole responsibility for all User Content you create, publish, distribute, or make available.

6. AI-Assisted Systems and Generated Outputs

The Platform may include AI-assisted systems, automated organizational systems, recommendation systems, metadata interpretation systems, visual processing systems, journaling systems, timeline systems, writing systems, image generation systems, narrative assistance systems, and related computational tools.

You acknowledge and agree that:

• AI-assisted outputs may contain inaccuracies, hallucinations, fictionalized information, incorrect assumptions, altered chronology, fabricated details, unintended resemblance, or misleading interpretations;
• AI systems are probabilistic and may produce inconsistent or unexpected outputs;
• The Company does not guarantee factual correctness, historical accuracy, emotional accuracy, or appropriateness of generated outputs;
• Users remain solely responsible for reviewing, approving, editing, publishing, distributing, or printing AI-assisted outputs.

You further acknowledge and agree that the Company may use anonymized metadata, interaction information, generated outputs, operational analytics, system activity data, and related non-public-facing processing information for internal service improvement, functionality refinement, operational analysis, AI-assisted feature enhancement, recommendation systems, and related Platform optimization purposes.

Nothing in these Terms shall obligate the Company to disclose underlying system architecture, processing methodologies, recommendation methodologies, organizational methodologies, algorithms, models, training systems, or proprietary technologies.

7. Collaborative Content and Shared Environments

The Platform may permit collaborative spaces, shared portrts, collaborative timelines, shared storytelling environments, or other multi-user experiences.

A collaborative environment may contain:

• One controlling owner;
• Multiple contributors;
• Independently created User Content;
• References to third parties;
• Imported materials;
• Derivative or interpretive narrative works.

The Company does not adjudicate disputes concerning:

• Ownership claims between collaborators;
• Narrative accuracy;
• Familial disagreements;
• Interpretive disagreements;
• Emotional disputes;
• Alleged historical inaccuracies;
• Rights of succession;
• Estate disputes;
• Relationship disputes;
• Claims regarding who “should” control or inherit access to content or collaborative spaces.

The Company reserves absolute discretion regarding whether to intervene, remove content, freeze accounts, terminate access, or decline involvement entirely in any such dispute.

8. Content Moderation and Enforcement

The Company reserves the right, but not the obligation, to monitor, review, remove, restrict, investigate, report, preserve, or disclose User Content or account activity at any time and for any reason.

Without limitation, prohibited content or conduct may include:

• Child sexual abuse material or exploitation;
• Credible threats of violence;
• Terrorism or violent extremist promotion;
• Illegal activity;
• Malware, spam, fraud, phishing, or malicious platform abuse;
• Non-consensual explicit imagery;
• Hate-based incitement;
• Severe targeted harassment.

The Company does not undertake any obligation to proactively monitor all content or activity and assumes no liability arising from User Content, third-party conduct, or failures to remove allegedly objectionable material.

9. Third-Party Services and Imported Content

The Platform may integrate with, import from, connect to, or otherwise interact with third-party services, providers, platforms, APIs, hosting systems, payment processors, ecommerce providers, fulfillment providers, social platforms, cloud services, authentication systems, or external applications.

You acknowledge and agree that:

• Third-party services operate independently from the Company;
• The Company does not control third-party platforms, APIs, uptime, policies, permissions, or data practices;
• Third-party services may change, restrict, suspend, limit, or terminate access at any time;
• Imported content may contain inaccuracies, incomplete metadata, corrupted data, formatting inconsistencies, or unavailable assets;
• The Company is not responsible for failures, outages, interruptions, inaccuracies, deletions, losses, or damages caused by third-party systems.

Your use of third-party integrations may also be governed by separate agreements, licenses, and privacy policies maintained by those third parties.

10. Ecommerce, Physical Products, and QR-Linked Experiences

The Platform may permit users to generate, purchase, customize, export, or distribute physical products, printed materials, QR-linked products, personalized items, or related merchandise.

You acknowledge and agree that:

• Product previews are illustrative only and may differ from final printed or manufactured results;
• Color, texture, alignment, material appearance, resolution, formatting, scan reliability, and output consistency may vary between devices, printers, manufacturers, environments, or production runs;
• QR-linked experiences may fail, expire, become inaccessible, become modified, become deleted, or cease functioning over time;
• Physical products, screenshots, downloads, exports, and distributed materials may continue to exist indefinitely outside the Platform;
• The Company bears no responsibility for third-party possession, circulation, preservation, duplication, distribution, or misuse of exported or physically produced materials.

The Company disclaims all liability relating to:

• Print quality variations;
• Fulfillment delays;
• Shipping failures;
• Manufacturing inconsistencies;
• QR scan failures;
• Third-party fulfillment providers;
• Permanence or accessibility of linked content;
• User-generated content appearing on physical products;
• Legal disputes arising from printed or exported materials.

The Company reserves the right to refuse, restrict, cancel, remove, or deny fulfillment of any order, export, or product request at its sole discretion.

11. Intellectual Property Rights

Except for User Content owned by users, all Platform technology, software, source code, object code, interfaces, systems, AI-assisted systems, rendering systems, procedural systems, visual systems, designs, trademarks, service marks, trade dress, logos, workflows, export systems, QR systems, databases, compilations, documentation, graphics, text, architecture, and associated intellectual property are owned by or licensed to GRP Holding Incorporated, Growing Portraits LLC, or their licensors and are protected under applicable intellectual property laws.

No rights are granted to you except as expressly stated in these Terms.

You shall not:

• Reverse engineer the Platform or associated systems;
• Replicate or imitate Platform workflows or proprietary systems;
• Attempt to extract underlying models, algorithms, datasets, or methodologies;
• Copy or commercially exploit Platform technology;
• Use the Platform to develop competing systems or services;
• Circumvent technical limitations, security systems, or access controls.

The Company reserves all rights not expressly granted.

12. Account Termination and Platform Availability

The Company may, at any time and without prior notice:

• Suspend or terminate accounts;
• Remove or restrict content;
• Disable features;
• Modify Platform functionality;
• Discontinue products or services;
• Restrict geographic access;
• Remove integrations;
• Delete inactive accounts;
• Refuse service.

The Platform, including all features, content, and services, is provided on an “AS IS” and “AS AVAILABLE” basis.

The Company does not guarantee:

• Continuous availability;
• Permanent storage;
• Error-free operation;
• Data preservation;
• Platform continuity;
• Compatibility with all devices or systems;
• Uninterrupted access;
• Successful backup or restoration.

Users are solely responsible for maintaining independent backups of any material they consider important.

13. Deletion, Persistence, and Backups

Users may request deletion of accounts or User Content subject to applicable Platform functionality and policies.

However, you acknowledge and agree that:

• Deletion requests may not immediately remove all data from active systems, caches, backups, logs, archival systems, distributed systems, or operational infrastructure;
• Certain information may persist temporarily for security, fraud prevention, operational continuity, legal compliance, disaster recovery, or backup purposes;
• Independently saved, redistributed, collaborative, exported, printed, transformed, reinterpreted, or derivative content may continue to exist outside the control of the Company;
• The Company cannot guarantee complete or irreversible eradication of all data copies from every system or third-party environment.

The Company reserves the right to preserve information where reasonably necessary for legal compliance, security purposes, dispute resolution, abuse prevention, backup integrity, operational continuity, or enforcement of these Terms.

14. Accounts of Deceased Users and Estate Matters

The Platform does not operate as a digital inheritance, estate management, archival stewardship, fiduciary, executor, or custodial service.

The Company assumes no obligation to:

• Transfer ownership of accounts or content;
• Grant access to family members, estates, executors, heirs, collaborators, or third parties;
• Preserve accounts after death;
• Adjudicate inheritance or succession disputes;
• Determine lawful ownership of memories, stories, likenesses, or collaborative environments.

The Company may, but is not obligated to, respond to requests involving deceased users or related account matters.

All decisions relating to deceased-user accounts, memorial requests, preservation requests, access requests, transfer requests, or deletion requests shall remain entirely within the Company’s sole discretion.

15. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND ALL RELATED SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• NON-INFRINGEMENT;
• ACCURACY;
• RELIABILITY;
• AVAILABILITY;
• SECURITY;
• TITLE;
• QUIET ENJOYMENT;
• DATA PRESERVATION;
• ARCHIVAL CONTINUITY;
• FACTUAL ACCURACY OF USER CONTENT;
• ACCURACY OF AI-GENERATED OUTPUTS.

THE COMPANY DOES NOT WARRANT THAT:

• THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE;
• CONTENT WILL REMAIN AVAILABLE;
• ANY MEMORY, STORY, OR ACCOUNT WILL BE PRESERVED;
• ANY QR EXPERIENCE WILL CONTINUE FUNCTIONING;
• ANY GENERATED OUTPUT WILL BE ACCURATE OR APPROPRIATE;
• ANY USER CONTENT IS FACTUAL, AUTHENTIC, OR LEGALLY COMPLIANT.

YOU USE THE PLATFORM ENTIRELY AT YOUR OWN RISK.

16. Expressive, Fictionalized, and Interpretive Content

You acknowledge and agree that the Platform is intended to facilitate expressive, interpretive, collaborative, symbolic, creative, emotional, stylized, fictionalized, reconstructed, dramatized, AI-assisted, or otherwise non-literal forms of narrative content.

User Content may include:

• Fictional or semi-fictional narratives;
• Altered chronology;
• Subjective recollections;
• Emotional interpretations;
• Creative embellishment;
• Symbolic representation;
• Stylized storytelling;
• Composite or reconstructed experiences;
• AI-assisted reinterpretations;
• Narrative transformation or adaptation.

The Company does not verify, authenticate, endorse, certify, investigate, or guarantee the factual accuracy, historical legitimacy, identity authenticity, ownership legitimacy, chronology, emotional interpretation, or legal validity of User Content.

Any resemblance between User Content and real persons, organizations, places, events, or circumstances may be coincidental, interpretive, transformative, expressive, fictionalized, or independently created by users.

The Company shall not be liable for:

• Disputes regarding truthfulness or interpretation;
• Emotional disagreement regarding memories or narratives;
• Claims relating to historical accuracy;
• Subjective disagreement between collaborators or third parties;
• Fictionalized or dramatized portrayals;
• AI-assisted reinterpretations;
• User-generated likenesses, references, anecdotes, or representations.

Users remain solely responsible for all content they create, publish, distribute, export, print, or otherwise make available through the Platform.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GROWING PORTRAITS LLC, GRP HOLDING INCORPORATED, THEIR AFFILIATES, LICENSORS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, TECHNOLOGY PARTNERS, SERVICE PROVIDERS, OR FULFILLMENT PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES.

THIS INCLUDES, WITHOUT LIMITATION:

• LOSS OF DATA;
• LOSS OF CONTENT;
• LOSS OF STORIES OR MEMORIES;
• ACCOUNT LOSS;
• LOSS OF ACCESS;
• BUSINESS INTERRUPTION;
• EMOTIONAL DISTRESS;
• REPUTATIONAL HARM;
• RELATIONSHIP DISPUTES;
• AI-GENERATED INACCURACIES;
• QR FAILURES;
• PRODUCT FAILURES;
• PRINT DEFECTS;
• THIRD-PARTY MISUSE;
• COLLABORATIVE DISPUTES;
• ALLEGED HISTORICAL INACCURACY;
• ALLEGED DEFAMATION ARISING FROM USER CONTENT;
• LOSS OF PROFITS OR REVENUE;
• SECURITY BREACHES;
• UNAUTHORIZED ACCESS;
• PLATFORM DOWNTIME;
• CONTENT DELETION;
• FAILURE TO PRESERVE MATERIAL.

THE TOTAL AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:

• ONE HUNDRED U.S. DOLLARS (USD $100);
• OR THE AMOUNT PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18. Indemnification

You agree to defend, indemnify, and hold harmless Growing Portraits LLC, GRP Holding Incorporated, their affiliates, licensors, successors, assigns, officers, directors, employees, contractors, agents, technology partners, fulfillment providers, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, judgments, penalties, investigations, demands, or attorneys’ fees arising out of or related to:

• Your use of the Platform;
• Your User Content;
• Your violation of these Terms;
• Your violation of applicable law;
• Your infringement of third-party rights;
• Your interactions or disputes with other users;
• Claims relating to narratives, likenesses, stories, interpretations, or representations you create or distribute;
• Any printed, exported, or distributed material originating from your account or activity.

The Company reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification.

19. Arbitration and Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

To the maximum extent permitted by law, any dispute, claim, controversy, or legal proceeding arising out of or relating to these Terms, the Platform, User Content, products, services, or your relationship with the Company shall be resolved exclusively through binding individual arbitration rather than in court.

You agree that:

• Arbitration shall be conducted on an individual basis only;
• Class actions, collective actions, and representative actions are waived;
• You waive any right to trial by jury;
• You may not participate as a plaintiff or class member in any purported class or representative proceeding.

Arbitration shall be administered under applicable arbitration rules selected by the Company.

Unless otherwise prohibited by law, arbitration shall occur in the State of Florida, United States.

The Company reserves the right to seek injunctive or equitable relief in any court of competent jurisdiction for:

• Intellectual property violations;
• Unauthorized access;
• Reverse engineering;
• Security breaches;
• Scraping or automated extraction;
• Misappropriation of proprietary systems or technologies.

20. Copyright Complaints and DMCA Compliance

The Company respects intellectual property rights and reserves the right to remove allegedly infringing material.

If you believe content on the Platform infringes your copyright or intellectual property rights, you may submit a written notification containing:

• Identification of the allegedly infringed work;
• Identification of the allegedly infringing material;
• Your contact information;
• A statement of good-faith belief;
• A statement under penalty of perjury that the information provided is accurate;
• Your physical or electronic signature.

The Company may remove, restrict, or disable access to material alleged to be infringing and may terminate repeat infringers at its discretion.

Submission of false, fraudulent, abusive, or misleading takedown notices may result in liability.

21. Privacy Policy

Your use of the Platform is also governed by the Company’s Privacy Policy, which is incorporated into these Terms by reference.

By using the Platform, you consent to the collection, storage, processing, transmission, analysis, and handling of information as described in the Privacy Policy.

22. International Use and Export Compliance

The Platform may not be available in all jurisdictions.

You agree not to use, access, export, re-export, or transfer the Platform in violation of applicable export control laws, sanctions laws, trade restrictions, or other regulations.

The Company makes no representation that the Platform is appropriate or lawful in any specific jurisdiction outside the United States.

Users access the Platform at their own initiative and are responsible for compliance with local laws.

23. Changes to Terms

The Company reserves the right to modify, revise, update, replace, suspend, or discontinue these Terms or any portion of the Platform at any time and for any reason.

Updated Terms become effective upon posting unless otherwise specified.

Your continued use of the Platform after updated Terms are posted constitutes acceptance of the revised Terms.

24. Severability and Entire Agreement

If any provision of these Terms is determined to be unlawful, unenforceable, or invalid, the remaining provisions shall remain in full force and effect.

These Terms, together with the Privacy Policy and any incorporated policies or supplemental agreements, constitute the entire agreement between you and the Company concerning the Platform and supersede all prior or contemporaneous understandings.

25. Assignment

The Company may assign, transfer, delegate, sublicense, or otherwise transfer these Terms or associated rights and obligations without restriction.

You may not assign or transfer your rights or obligations under these Terms without prior written consent from the Company.

26. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles.

27. Contact Information

Growing Portraits LLC
Adam Von Dolle
4829 NE 12th Ave
Oakland Park, FL 3334
rpinagel@portrt.com

portrt is operated by Growing Portraits LLC under license from GRP Holding Incorporated.