AIFacePro Terms of Use

Effective Date: January 1, 2024

1. Acceptance of Terms

1.1 By accessing or using AIFacePro's application, website, and services (collectively, the "Service"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not use the Service.

1.2 These Terms constitute a legally binding agreement between you and AIFacePro Inc. ("AIFacePro," "we," "our," or "us").

1.3 You represent and warrant that you have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Changes to Terms

2.1 We reserve the right to modify these Terms at any time at our sole discretion. We will provide notice of any material changes by:

   a) Posting a notice on our website

   b) Sending an email to the address associated with your account

   c) Displaying a prominent notice within the Service

2.2 Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

2.3 If you do not agree to the modified Terms, you must stop using the Service.

3. User Accounts

3.1 Account Creation

   a) You may need to create an account to use certain features of the Service.

   b) You agree to provide accurate, current, and complete information during the registration process.

   c) You are responsible for maintaining the confidentiality of your account credentials.

   d) You are responsible for all activities that occur under your account.

3.2 Account Security

   a) You agree to notify us immediately of any unauthorized use of your account.

   b) We are not liable for any loss or damage arising from your failure to comply with this section.

3.3 Account Termination

   a) We reserve the right to terminate or suspend your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Service, us, or third parties, or for any other reason.

   b) You may terminate your account at any time by following the instructions on our website or within the app.

4. Use of the Service

4.1 License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service for your personal, non-commercial use.

4.2 Restrictions

You agree not to:

   a) Use the Service for any illegal purpose or in violation of any local, state, national, or international law

   b) Violate or encourage others to violate the rights of third parties, including intellectual property rights

   c) Upload or transmit viruses, malware, or other malicious code

   d) Attempt to gain unauthorized access to the Service or its related systems or networks

   e) Use the Service to generate, manipulate, or modify images for misleading or fraudulent purposes

   f) Interfere with or disrupt the integrity or performance of the Service

   g) Reproduce, distribute, publicly display, or create derivative works of the Service

   h) Use any data mining, robots, or similar data gathering and extraction methods in connection with the Service

   i) Use the Service in any manner that could disable, overburden, damage, or impair the Service

4.3 Updates and Modifications

We reserve the right to update, modify, or discontinue the Service or any features thereof at any time without notice.

5. User Content

5.1 Ownership

You retain all rights in, and are solely responsible for, the content you upload to the Service ("User Content").

5.2 License to AIFacePro

By uploading User Content to the Service, you grant AIFacePro a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and AIFacePro's business operations.

5.3 Representations and Warranties

You represent and warrant that:

   a) You own or have the necessary rights to use and authorize the use of the User Content as described herein

   b) The User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity

5.4 Content Removal

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable at our sole discretion.

6. Intellectual Property

6.1 Ownership

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of AIFacePro and its licensors.

6.2 Trademarks

AIFacePro's name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of AIFacePro or its affiliates or licensors. You may not use such marks without our prior written permission.

6.3 Feedback

If you provide us with any feedback or suggestions regarding the Service, you hereby assign to us all rights in such feedback and agree that we have the right to use and fully exploit such feedback in any manner we deem appropriate.

7. Third-Party Links and Content

7.1 The Service may contain links to third-party websites or services that are not owned or controlled by AIFacePro.

7.2 AIFacePro has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

7.3 You acknowledge and agree that AIFacePro shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

8. Disclaimer of Warranties

8.1 THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AIFACEPRO AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 NEITHER AIFACEPRO NOR ITS SUPPLIERS AND LICENSORS MAKE ANY WARRANTY THAT THE SERVICE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED.

9. Limitation of Liability

9.1 IN NO EVENT SHALL AIFACEPRO, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

   a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE

   b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE

   c) ANY CONTENT OBTAINED FROM THE SERVICE

   d) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

9.2 IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID AIFACEPRO IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

10. Indemnification

You agree to defend, indemnify and hold harmless AIFacePro and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

   a) Your use and access of the Service

   b) Your violation of any term of these Terms

   c) Your violation of any third-party right, including without limitation any copyright, property, or privacy right

   d) Any claim that your User Content caused damage to a third party

11. Governing Law and Jurisdiction

11.1 These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

11.2 Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Paris, France using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

12. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

13. Waiver

The failure of AIFacePro to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14. Entire Agreement

14.1 These Terms constitute the entire agreement between you and AIFacePro regarding the use of the Service, superseding any prior agreements between you and AIFacePro (including, but not limited to, any prior versions of the Terms).

14.2 Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

15. Contact Information

If you have any questions about these Terms, please contact us at:

AIFacePro

Legal Department

70 Rue Albert 75013 Paris

Email: thomas.trg158@gmail.com

Phone: (+33) 6 79 67 47 14