Terms of service

Last Updated: 07-Sep-2023

Welcome to Fakeface (the "App"). These terms of service (the "TOS") govern the relationship between you and Fakeface and set forth the terms and conditions under which you may access and use the App and its related services. By downloading, updating, accessing, and/or using the App, you agree to be bound by this TOS. Your access or use of the App will be treated as acceptance of this TOS and our Privacy Policy.

1. Description of Services

1.1 Fakeface is an online face swapping application that utilizes artificial intelligence algorithms to generate unique content ("Services").

To get started, you can choose a photo, image, GIF, or video from a pre-set catalog or upload your own media files ("Uploaded Materials") for face-swapping processing. You can then upload a photo with faces from your device in the supported format and file size ("Uploaded Content"). Afterward, you can click the "Start" button or a similar option. Our artificial intelligence algorithms will scan the media, identify faces, and swap them into a new object ("Generated Content"). Please note that certain features may be limited for non-subscribers.

1.2 Subscription. We reserve the right, at our sole discretion, to provide some services exclusively to paid subscribers. The subscription begins after the initial payment, and you are responsible for all fees, charges, and taxes associated with the transaction. If you use the App from a distribution platform not indicated or recognized by us, we are not responsible for any associated costs or liabilities.

2. Legal Capacity

You confirm and warrant the following:

a. If you are entering into this TOS on behalf of another person, you are duly authorized by such person, and this TOS will be binding on both you and that person.

b. You are of legal age to form a binding contract with us.

c. If you are under the legal age, you will access and use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms and subject to local laws and regulations.

d. You are not prohibited from accessing or using the App under the laws of your jurisdiction.

3. Content

3.1 We retain all rights (including intellectual property rights) in and to the App, including the technology, systems, and software used to provide the App. You retain all intellectual property rights in Uploaded Materials and Uploaded Content that you modify or process through the App, as well as the Generated Content.

3.2 By uploading content to the App, you grant us an irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and assignable right and license to use such content for the purpose of providing the App's functionality. You warrant that you have the necessary rights and licenses to use Uploaded Materials and Uploaded Content and that their use does not infringe on the rights of any third party.

4. Restrictions on Conduct and Content

4.1 In using the App, you agree to abide by the following rules and restrictions:

a. You will not modify, translate, adapt, or reformat the App.

b. You will not attempt to decipher, decompile, disassemble, or reverse-engineer the software or materials comprising the App.

c. You will not interfere with or circumvent any security feature of the App.

d. You will not use the App to gain unauthorized access to data, systems, or networks.

e. You will not use the App in a manner that could damage, disable, or disrupt our systems or networks.

f. You will not use the App in a way that may expose us or others to liability or damages.

g. You will not remove, change, or obscure any copyright, trademark, or proprietary rights notices contained in the App.

h. You will comply with all applicable laws, including local laws in your country or district.

4.2 You shall not upload, share, or transmit content that:

a. Is unlawful, harmful, libelous, defamatory, obscene, abusive, racially or ethnically offensive, pornographic, indecent, lewd, harassing, threatening, invasive of personal privacy, or otherwise objectionable.

b. Encourages or provides instructions for criminal offenses, violates the rights of any party, or violates any local, state, national, or international law.

c. Infringes any patent, trademark, trade secret, copyright, or other intellectual property right.

d. Contains unsolicited promotions, political campaigning, advertising, or solicitations.

e. Contains private or personal information of a third party without their consent.

f. May harm or exploit children.

g. Contains viruses, corrupted data, or other harmful files or content.

h. Contains information or content that you do not have the right to make available.

i. Is, in our sole judgment, objectionable or restricts others' use of the App.

We reserve the right to reject or remove any user content that violates these provisions.

5. Claims of Infringement

5.1 Copyright

If you believe that materials transmitted or created through the App infringe your copyright, you may send us a notice requesting removal or blocking of the material. Please provide the following information:

a. An electronic or physical signature of the copyright owner.

b. A description of the copyrighted work and sufficient information for us to locate it.

c. Your contact information.

d. A statement that you have a good-faith belief the disputed use is not authorized.

e. A statement, under penalty of perjury, that the information in your notice is accurate.

5.2 Other Rights

If you believe that materials in the App infringe your other rights, you may send us a notice requesting removal or blocking. Please provide relevant information that could prove infringement.

6. Indemnification

You agree to indemnify and hold us and our officers, directors, shareholders, and employees harmless from any loss, costs, liabilities, and expenses resulting from your breach of this TOS, your use of the App, and any infringement of third-party rights.

7. Disclaimers; Limitation of Liability

THE APP IS PROVIDED "AS-IS" AND "AS AVAILABLE," AND YOUR USE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, TO THE FULLEST EXTENT PERMITTED BY LAW.

WE DO NOT WARRANT THAT:

a. THE APP WILL BE TIMELY, ERROR-FREE, SECURE, OR UNINTERRUPTED.

b. THE APP WILL MEET YOUR REQUIREMENTS.

c. ERRORS OR MALFUNCTIONS IN THE APP WILL BE CORRECTED.

WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE APP.

8. Links to Third-Party Websites and Services

The App may contain links to third-party websites and services. We are not responsible for any damage or loss resulting from the use of any content, goods, or services available on or through third-party websites and services.

9. Governing Law; Dispute Resolution

This TOS is governed by the laws of State of Colorado, USA. Any disputes arising from or related to this TOS shall be resolved by the courts of State of Colorado, USA.

10. Changes to this TOS

We reserve the right to update or change this TOS at our discretion. Your continued use of the App after any changes constitute your agreement to the revised terms.

11. Termination; Assignment

This TOS will continue until terminated by either party. We may terminate this TOS and your access to the App with or without notice. You may terminate this TOS by ceasing use of the App. We reserve the right to assign, transfer, or subcontract the Services.

12. Miscellaneous

12.1 If any provision of this TOS is found to be invalid, it will not affect the validity of the remaining provisions.

12.2 This TOS, along with the Privacy Policy, constitutes the entire agreement between you and us.

12.3 We will collect and process your information and technical data in accordance with the Privacy Policy.

13. Contact Us

If you have questions regarding the App or this TOS, please contact us at contact@fakeface.io.