Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you and QTPIE COM, LLC, a limited liability company organized under the laws of the Commonwealth of Virginia (“QtPie,” “we,” “us,” or “our”). These Terms govern your access to and use of the website located at QtPie.com, our mobile and desktop applications, and all related services, features, and content (collectively, the “Service”).

By (a) creating an account, (b) clicking “I agree” or any similar acknowledgment, (c) accessing or using the Service, or (d) uploading any content, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2.1 Minimum Age

You must be at least 16 years old to create an account or use the Service. By creating an account, you represent and warrant that: (a) you are at least 16 years old; (b) you meet the minimum age of digital consent required by the laws of your country or jurisdiction; and (c) if you are between 16 and the age of legal majority in your jurisdiction, you have obtained your parent's or legal guardian's consent to use the Service.

If we discover that you are under 16, we will terminate your account immediately and delete all associated data.

2.2 Geographic Restrictions

The Service is available worldwide. However, certain features involving face photograph processing are not available to residents of jurisdictions where we cannot comply with applicable law. We reserve the right to restrict access to any feature in any jurisdiction at any time without notice.

2.3 Account Accuracy

You agree to provide accurate, current, and complete information when creating your account and to keep your information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

2.4 Two Separate Age Rules

Two separate age rules: Users must be at least 16 years old to create an account (consistent with GDPR Article 8). Regardless of the user's own age, uploading or generating avatars that depict real minors (any person under 18 years old) is strictly prohibited. These are two independent requirements: the 16+ minimum governs who may hold an account, and the 18+ floor governs who may appear as the subject in any uploaded or generated image.

3.1 Description

QtPie provides an AI-powered avatar studio that enables you to upload photographs of your own face and generate stylized gaming avatars in a variety of art styles including anime, chibi, pixel art, fantasy, and cyberpunk. The Service also includes an avatar gallery, style customization tools, and downloadable avatar files optimized for use on Discord, Twitch, Steam, and other platforms.

3.2 Service Changes

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3.3 Beta Features

We may offer features labeled “beta,” “experimental,” or “preview.” These features are provided as-is and may be discontinued at any time.

4.1 Account Security

You are responsible for maintaining the security of your account. You agree to use a strong, unique password, not share your credentials with any third party, and notify us immediately at [email protected] if you suspect unauthorized access.

4.2 Account Suspension and Termination

We may suspend or terminate your account if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or pose a risk to other users or the Service. Where practical, we will provide notice and an opportunity to remedy the issue before termination.

4.3 Account Deletion

You may delete your account at any time from your Settings page. Upon deletion, your data will be handled per our Privacy Policy.

5.1 Your Consent to Biometric Processing

By using the avatar generation feature, you acknowledge and explicitly consent to the following:

(a) You are voluntarily uploading a photograph of your own face for the purpose of generating a stylized avatar;

(b) Our AI systems will analyze the visual features of your photograph to generate the avatar;

(c) This processing may constitute collection of biometric data or biometric information under applicable laws, including the Illinois Biometric Information Privacy Act (BIPA), the GDPR, and similar statutes;

(d) Your photograph will be stored securely in your account for as long as you choose to keep it, and you may delete it at any time from your privacy settings (permanent deletion within 24 hours);

(e) We do not retain biometric templates, facial geometry maps, or any other derivative biometric identifiers;

(f) Your photographs are not used to train AI models without your separate explicit consent; and

(g) You have the right to withdraw this consent at any time in your account Settings, though doing so will prevent you from using the avatar generation feature.

5.2 Your Representations About Uploaded Photos

By uploading a photograph, you represent and warrant that: (a) the photograph depicts only yourself; (b) you are the photographer or own the rights to the photograph, or have all necessary rights and consents to upload it; (c) the person depicted is you, and you are at least 16 years old; (d) the photograph does not depict any other person without their written consent; (e) the photograph does not violate any third party's intellectual property rights, privacy rights, or right of publicity; and (f) you are not uploading photographs on behalf of a minor.

5.3 No Photos of Other People

You may only upload photographs of yourself. Uploading photographs of other people without their explicit, documented consent is strictly prohibited and may violate applicable law.

6.1 Credits

Credits are a virtual currency usable only within the Service. Credits have no monetary value and cannot be converted to cash, are non-transferable between accounts, are non-refundable once used (subject to our Refund Policy), expire as described in your credit pack or subscription terms, and are forfeited without refund upon account termination for violation of these Terms.

6.2 Subscriptions

Your subscription will automatically renew at the end of each billing period at the then-current price until you cancel. Your subscription will automatically renew unless canceled at least 24 hours before the renewal date. You can cancel at any time from your account Settings page. Cancellation takes effect at the end of the current billing period. Annual subscribers will receive a renewal reminder by email at least 30 days before renewal.

6.3 Price Changes

We will give you at least 30 days' advance notice of any price increase. Your continued use of the Service after the price change takes effect constitutes your acceptance of the new price.

6.4 Payment Processing

All payments are processed by Stripe, Inc. By purchasing credits or a subscription, you agree to Stripe's Terms of Service and Privacy Policy in addition to these Terms.

Our complete Refund Policy is available at QtPie.com/legal/refund-policy. Key points: unused credits purchased within 7 days may be refunded if no credits have been consumed; credits that have been used are non-refundable; subscription fees are non-refundable after the billing period has begun, except where required by law; EU/UK consumers have specific rights during a 14-day cooling-off period; and technical errors causing failed generations result in automatic credit restoration, not cash refunds.

8.1 Our Service

The Service, including its design, software, code, graphics, logos, trademarks, and all content we create (excluding your content), is owned by QTPIE COM, LLC and is protected by intellectual property laws. The name “QtPie,” the QtPie logo, and related marks are trademarks of QTPIE COM, LLC.

8.2 Your Uploaded Content

You retain all rights you have in the photographs you upload. By uploading a photograph, you grant us a limited, non-exclusive, royalty-free license to process and transmit the photograph to our AI provider solely for the purpose of generating your avatar. This license terminates automatically when you delete the photograph from your account or close your account.

8.3 Your Generated Avatars

We assign to you all right, title, and interest (if any) we may have in and to the avatars generated from your photographs. You own your avatars. Note that AI-generated images may not be eligible for copyright protection under current US law, as courts have held that copyright requires human authorship. We make no representation that your generated avatars are copyrightable. To operate the Service, you grant us a limited, non-exclusive, royalty-free license to host, store, display, and deliver your avatars to you, which ends when you delete the avatars or close your account. Other users may receive similar outputs — we do not guarantee uniqueness.

8.4 Model Training

We do not use your uploaded photographs or your generated avatars to train AI models without your separate explicit consent. We will not do so without first obtaining that consent.

8.5 Feedback

If you submit feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, implement, and incorporate such feedback without compensation to you.

Your use of the Service is subject to our Acceptable Use Policy at QtPie.com/legal/acceptable-use, which is incorporated into these Terms by reference. By using the Service, you agree not to: (a) upload photographs of any person other than yourself without their documented consent; (b) generate avatars that constitute impersonation of real individuals; (c) create, generate, or distribute sexually explicit, pornographic, or obscene content; (d) create avatars of minors or use the Service in connection with content involving minors; (e) generate content depicting real individuals in a false, defamatory, or misleading context; (f) create deepfakes or synthetic media intended to deceive others; (g) violate any third party's intellectual property rights, privacy rights, or right of publicity; (h) use the Service for any illegal purpose; (i) attempt to reverse engineer or extract the underlying AI models; (j) circumvent any technical measures we use to enforce these Terms; (k) generate content promoting hate, violence, or discrimination; or (l) use automated tools or bots to access the Service without permission.

Avatars are stylized artistic interpretations, not photorealistic replicas. The AI model may produce varying results based on photograph quality, lighting, and other factors. AI image generation models may exhibit biases affecting skin tone, facial features, and ethnicity representation. Avatars should not be used for identity verification purposes. We do not guarantee any particular output quality, style accuracy, or resemblance to the input photograph. See our AI Disclosures at QtPie.com/legal/ai-disclosures for complete information.

11.1 Reporting Infringement

To report copyright infringement, send a written notice to [email protected] with subject line “DMCA Takedown Notice” containing: (a) a description of the copyrighted work you believe has been infringed; (b) a description of the allegedly infringing material and its location on our Service; (c) your contact information; (d) a statement of good-faith belief that the use is not authorized; (e) a statement under penalty of perjury that the information is accurate and you are authorized to act; and (f) your physical or electronic signature.

11.2 Counter-Notification

If you believe your content was wrongly removed, you may submit a counter-notification to [email protected]. Upon receipt of a valid counter-notification, we will restore the content within 10–14 business days unless the original complainant files a court action.

11.3 Repeat Infringers

We terminate accounts of users who are repeat copyright infringers.

11.4 TAKE IT DOWN Act

Victims of non-consensual intimate AI-generated imagery — or a parent, legal guardian, or authorized representative acting on their behalf — may request removal under the federal TAKE IT DOWN Act. Submit requests through our intake form at /report. We commit to reviewing every compliant request within 48 hours. See our TAKE IT DOWN Act policy for the full procedure, what qualifies as a covered report, and who may submit one.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QTPIE COM, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; WARRANTIES REGARDING THE ACCURACY OR QUALITY OF AI-GENERATED AVATARS; AND WARRANTIES THAT GENERATED AVATARS ARE COPYRIGHTABLE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) QTPIE COM, LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (b) OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM OR $50 USD; (c) THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT FULLY APPLY TO YOU.

You agree to indemnify, defend, and hold harmless QTPIE COM, LLC and its members, officers, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and attorneys' fees arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) your uploaded photographs; (c) your generated avatars and your use of them; (d) your violation of any applicable law; or (e) your violation of any third party's rights.

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to conflict of law principles.

15.2 Informal Resolution

Before filing a formal claim, you agree to try to resolve any dispute informally by emailing us at [email protected]. We will try to resolve it within 30 days.

15.3 Binding Arbitration

If informal resolution fails, any dispute arising from the Service or these Terms will be resolved by binding individual arbitration under the American Arbitration Association (AAA) Consumer Arbitration Rules, rather than in court.

15.4 Exceptions to Arbitration

Either party may bring claims in small claims court for disputes within that court's jurisdiction, or seek emergency injunctive relief in a court of competent jurisdiction.

15.5 Class Action Waiver

YOU AND QTPIE COM, LLC AGREE THAT EACH MAY BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

15.6 Arbitration Opt-Out

You may opt out of the arbitration agreement within 30 days of creating your account by emailing [email protected] with “Arbitration Opt-Out” in the subject line.

For material changes, we will provide at least 30 days' notice by email and/or a prominent notice on the Service. Your continued use after the effective date constitutes acceptance.

These Terms, together with all linked policies, constitute the entire agreement. If any provision is found unenforceable, it will be modified or severed without affecting remaining provisions. Our failure to enforce any provision does not constitute a waiver.

QTPIE COM, LLC

Email: [email protected] | [email protected] | [email protected]