Terms of Service
Effective Date: June 30, 2025
Welcome to FacelyApp. These Terms of Service (“Terms”) govern your access to and use of the FacelyApp website, mobile applications, APIs, and services (collectively, the “Services”), provided by Facely, Inc. (“FacelyApp”, “we”, “us”, or “our”).
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you are using our Services on behalf of an organization, you agree to these Terms for that organization and represent that you have the authority to bind that organization to these Terms.
1. Eligibility
You must be at least 18 years old or the age of majority in your jurisdiction to use the Services. You may only use the Services in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
2. Account Registration
To access certain features of the Services, you may need to register for an account. You agree to provide accurate, current, and complete information and to keep your account secure and up to date. You are responsible for all activities that occur under your account.
3. Use of Services
You may use the Services only as permitted by these Terms and applicable law. You agree not to:
- Use the Services for any unlawful purpose.
- Reverse-engineer, decompile, or disassemble any part of the Services.
- Interfere with or disrupt the Services or servers.
- Use facial recognition in jurisdictions or use cases where such use is restricted or regulated without appropriate consent and legal compliance.
You are solely responsible for obtaining any necessary permissions or consents from individuals whose biometric data may be collected or processed by the Services.
4. Facial Recognition and Biometric Data
FacelyApp provides facial recognition capabilities. By using these features:
- You represent and warrant that you have obtained appropriate consent from any individuals whose biometric data is captured or processed.
- You agree not to upload or use the facial recognition features with any content that you do not have the legal right to use or process.
- You agree to comply with all applicable biometric privacy laws and data protection regulations (such as BIPA, GDPR, etc.).
5. Data Privacy
Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and protect your information. You agree that FacelyApp may collect and use technical and usage data for product improvement, analytics, and service delivery purposes.
6. Subscription and Payments
Some features of the Services may be subject to payment. Subscription terms, including pricing and billing frequency, will be clearly communicated. By purchasing a subscription, you agree to pay the applicable fees and taxes.
Unless canceled, subscriptions will automatically renew at the end of each billing cycle. You may cancel your subscription at any time in your account settings.
7. Intellectual Property
All intellectual property rights in the Services, including software, content, and trademarks, are owned by FacelyApp or its licensors. You may not use our branding or content without our prior written consent.
8. Termination
We may suspend or terminate your access to the Services at any time for any reason, including violation of these Terms or applicable law. Upon termination, your right to use the Services will cease, but certain obligations (e.g., payment, confidentiality, indemnification) will survive.
9. Disclaimer of Warranties
The Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will be uninterrupted or error-free.
10. Limitation of Liability
To the maximum extent permitted by law, FacelyApp shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising out of or in connection with your use of the Services.
11. Indemnification
You agree to indemnify, defend, and hold harmless FacelyApp and its affiliates, officers, agents, and employees from any claims, liabilities, damages, and expenses (including attorneys’ fees) arising from your use of the Services, your violation of these Terms, or your infringement of any rights of a third party.
12. Email Communications and Consent
By registering an account or providing your email, you agree to receive transactional communications from FacelyApp related to your use of the Services, such as login confirmations, recognition alerts, and subscription confirmations.
Marketing communications will only be sent if you have explicitly opted in. You may unsubscribe from marketing emails at any time using the unsubscribe link provided in each message.
You agree not to use the Services to contact individuals unless you have obtained their express, documented consent as required by law, and you will honor all unsubscribe requests promptly.
13. Third-Party Services
We may use third-party services (such as Mailgun, Google, Stripe) to facilitate aspects of the Services, including email delivery, authentication, and payments. These providers are subject to their own privacy policies and acceptable use terms. By using the Services, you consent to the use of such providers.
14. Modifications
We may update these Terms from time to time. If we make material changes, we will notify you (e.g., by email or within the Services). Your continued use of the Services after changes take effect constitutes your agreement to the revised Terms.
15. Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. All disputes arising out of or related to these Terms will be resolved in the state or federal courts located in San Francisco County, California.
16. Contact Us
If you have any questions about these Terms, please contact us at:
FacelyApp
544 Market Street
San Francisco, CA 94104
support@facelyapp.com
(415) 985-4782