Terms and Conditions

The following section constitutes the legally binding content for the Terms and Conditions page of the hpsuperheroes.com web application. These terms have been drafted to satisfy the requirements for global operation, AI integration, and biometric data processing.

1. Acceptance of Terms and Service Overview

Welcome to hpsuperheroes.com. This website and the associated services (the "Service") are provided by HP Inc. and Infigo Software (collectively, "We," "Us," or "Our"). By accessing this Website, uploading a photograph, or placing an order, you ("You" or the "User") acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("These Terms"). These Terms constitute a legally binding contract between You and the Service Providers.

IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND MUST DISCONTINUE USE IMMEDIATELY.

The Service allows Users to upload a digital photograph ("Selfie") and utilizes generative artificial intelligence ("AI") to create unique superhero-themed digital artwork, which is subsequently manufactured into physical posters, postcards, and trading cards (the "Products").

2. Eligibility and Age Requirements

The Website is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Website without the explicit consent and active participation of a parent or legal guardian.

By using the Service, You represent and warrant that You are of the minimum age required in Your country to consent to the processing of personal data, including biometric data. If You are ordering Products for a minor, You certify that You are the minor’s parent or legal guardian and that You provide explicit consent for the collection and processing of the minor’s information as described herein.

3. User Accounts and Data Collection

3.1 Information We Collect

To provide the Service and fulfill Your orders, We collect and store the following information:

  • First Name and Last Name.

  • Email Address.

  • Uploaded Selfie(s).

  • Order History and Transaction Details.

3.2 Accuracy of Information

You agree to provide true, accurate, current, and complete information. Failure to provide accurate information may result in the inability to fulfill Your order or the termination of Your access to the Website.

3.3 Account Security

You are responsible for maintaining the confidentiality of Your login credentials and for all activities that occur under Your account. You agree to notify Us immediately of any unauthorized use of Your account.

4. Biometric Data and Privacy Consent

CRITICAL NOTICE REGARDING BIOMETRIC DATA: The generation of Your superhero avatar requires the technical processing of Your uploaded Selfie to extract facial geometry ("Biometric Data"). This data is used solely to map Your likeness onto the generated artwork.

4.1 Explicit Consent

By uploading a Selfie, You provide Your explicit, informed, and written consent for Us to:

  • Collect and process Your face geometry and other identifiable physical characteristics.

  • Share this information with Our cloud service providers (e.g., AWS) for the sole purpose of generating the AI Output.

  • Store Your data in encrypted vaults in accordance with Our retention policy.

4.2 Purpose and Retention

We process Biometric Data exclusively for the purpose of creating Your personalized Products. We will retain Your uploaded Selfie and any derived Biometric Data only for as long as necessary to fulfill Your order and comply with legal obligations (typically 30 days), after which it will be permanently deleted or anonymized.

4.3 Withdrawal of Consent

You may withdraw Your consent at any time by contacting Us. However, withdrawal of consent will prevent Us from fulfilling any pending orders and may result in the immediate deletion of Your account and data.

5. Generative AI Services and Content

5.1 Nature of the Output

The superhero-themed artwork (the "Output") is generated by automated AI algorithms. You acknowledge that AI Output is probabilistic and that We do not guarantee any specific result, likeness, or quality. The Output may contain artifacts, inaccuracies, or incomplete renderings.

5.2 AI Accuracy Disclaimer

Output is provided for entertainment and personal use only. HP and Infigo are not responsible for Output that You may find aesthetically unpleasing, inaccurate, or offensive.28 We implement automated moderation to prevent the generation of illicit content, but we do not guarantee its absolute effectiveness.

5.3 Prohibition on Third-Party IP

You are prohibited from using prompts or uploading images that target, imitate, or reference copyrighted characters, trademarks, or celebrities without authorization. Any Output that inadvertently resembles third-party intellectual property does not imply an endorsement or affiliation.

6. Intellectual Property Rights

6.1 User Contributions

You retain full ownership of Your original Selfie ("User Contribution"). By uploading it, You grant Us a limited, non-exclusive, royalty-free, and worldwide license to use, host, and modify the image solely to the extent necessary to provide the Service and fulfill Your order.

6.2 Ownership of Output

Current law dictates that works generated solely by AI lack human authorship and may be in the public domain. While You own the physical Product (poster, card) upon purchase, You acknowledge that You may not have exclusive copyright ownership over the digital AI-generated design.

6.3 Service Provider IP

All text, graphics, logos, source code, and software used to provide the Service are the proprietary property of HP and Infigo. You are granted a limited, non-transferable license to access the Website for personal, non-commercial use.

7. Ordering, Payments, and Custom Product Policies

7.1 Acceptance of Order

Our receipt of Your order does not constitute acceptance. We reserve the right to refuse or cancel any order for any reason, including inaccuracies in pricing or unavailability of materials.

7.2 No Return Policy for Personalized Products

ALL ORDERS ARE FINAL. Because the Products are custom-made based on Your unique Selfie and AI-generated design, they are not resellable. We do not accept returns, exchanges, or cancellations once the order has been confirmed.

7.3 Defective Products

If You receive a Product that is physically damaged or has a manufacturing defect, You must notify Us within six (6) business days of receipt. You may be required to provide photographic evidence of the defect to receive a replacement.

7.4 Printing Tolerances

You acknowledge that Products are subject to standard printing tolerances, including minor color variations (CMYK vs. RGB) and trimming shifts of up to 1/16th of an inch. These variations are an inherent part of the manufacturing process and are not considered defects.

8. Shipping, Customs, and International Use

8.1 Global Delivery

We offer international shipping through third-party carriers. Shipping times are estimates and are not guaranteed.34 You are responsible for all customs duties, import taxes, and local fees associated with Your order.

8.2 Risk of Loss

Title and risk of loss for all Products pass to You upon Our delivery of the Product to the carrier.34 We are not responsible for delays, damage, or loss caused by the carrier or customs authorities.

9. Acceptable Use and Restrictions

You agree not to use the Website to:

  • Upload any image that is obscene, hateful, or violates the privacy rights of others.

  • Impersonate any person or entity.

  • Interfere with the security or operation of the AI systems.

  • Extract or "scrape" data from the Website.

Violation of these restrictions may result in immediate termination of Your account and reporting to law enforcement where applicable.

10. Limitation of Liability and Disclaimers

10.1 "As-Is" Service

THE SERVICE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

10.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.

10.3 Exclusion of Damages

IN NO EVENT SHALL HP OR INFIGO BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Indemnification

You agree to defend, indemnify, and hold harmless HP, Infigo, and their respective affiliates, officers, and employees from and against any claims, damages, or expenses (including attorney's fees) arising from Your use of the Service, Your violation of these Terms, or Your infringement of any third-party intellectual property or privacy rights.

12. Governing Law and Jurisdiction

These Terms and any disputes arising therefrom shall be governed by the laws of the State of Delaware (USA) or the United Kingdom, as determined by the location of the contracting HP entity, without regard to conflict of law principles.29 You agree to submit to the personal and exclusive jurisdiction of the courts located within that territory.

13. Modifications to Service and Terms

We reserve the right to change, modify, or discontinue any part of the Service at any time without notice. We may also revise These Terms by updating this page. Your continued use of the Website after such changes constitutes Your acceptance of the new Terms.