Updated: November 12, 2024
1. Description of Services
1.1 FaceScene is an online application for creating and editing images or videos that uses artificial intelligence algorithms to generate unique content (the “Services”).
To begin, you may select a photo, GIF, or video from the preset catalog or upload an item from your mobile device (“Uploaded materials”) for face-swapping processing. Afterward, you can upload a photo with faces in the supported format and file size (“Uploaded content”) and click the generate button “[Create]” or any similar option. Our AI algorithms will scan the selected item, find the faces, and swap them instantly into a new object (“Generated content”). Some features may be restricted if you are not a paid subscriber.
1.2 Subscription. We reserve the right, at our sole discretion, to provide certain services only for paid subscribers. The subscription begins after the initial payment, with payment due via the method and amount indicated at the time of purchase. You are responsible for all fees, charges, and taxes (if required by law) related to the transaction.
Note that if you download the App from a distribution platform not indicated or recognized by us, we are not liable for any costs or liabilities arising from your action.
2. Legal Capacity
You understand and warrant that:
(a) if you are entering into this TOS on behalf of another person, you are duly authorized by such person, and this TOS is binding upon both you individually and such other person (and “You” in this TOS shall refer to both);
(b) you are of legal age to form a binding contract with us;
(c) if you are under legal age, you will access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms, subject to local laws and regulations;
(d) you are not a person barred from subscribing to, using, or accessing the App under the laws of the Hong Kong Special Administrative Region (HKSAR) or other applicable jurisdictions.
3. Content
3.1 We reserve and retain all rights, title, and interest (including all intellectual property rights) in and to the App, and the technology, systems, and software used to provide it. We reserve all rights not expressly granted to you in this TOS. You retain all intellectual property rights in Uploaded materials and Uploaded content modified or processed through the App as well as Generated content.
3.2 You hereby grant us an irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and assignable right and license to use any Uploaded content to the App for the purposes of providing the App’s functionality, and you may choose to make Uploaded content public so other users can access it. You shall be the sole owner of, or otherwise have all requisite rights and licenses to use Uploaded content and Uploaded materials.You warrant that the creation, modification, or any other use of Uploaded content and Uploaded materials does not infringe or violate any third party rights, including intellectual property, data privacy, and publicity and privacy rights.
4. Restrictions of Conduct and Content
4.1 In accessing and using the App, you agree to abide by the following rules, restrictions, and limitations:
(a) You will not modify, translate, adapt, or reformat the App;
(b) You will not decipher, decompile, disassemble, reverse-engineer, or otherwise attempt to discover the source code or structure of the software (except as permitted by applicable local law, and only after prior written disclosure to us);
(c) You will not interfere with or circumvent any App security feature or restriction;
(d) You will not use the App to gain unauthorized access to our or any third-party data, systems, or networks;
(e) You will not use the App in a manner that could damage, disable, or disrupt our systems, or interfere with other users' use of the App;
(f) You will not use the App in any way that may expose us or others to liability;
(g) You will not remove or obscure any copyright, trademark notice, or other proprietary rights notices in the App;
(h) You will comply with all applicable laws in your access and use of the App.
4.2 You shall not upload, share, or transmit content through the App that:
(a) is unlawful, harmful, defamatory, obscene, racially or ethnically offensive;
(b) encourages or provides instructions for a criminal offense or violates any laws;
(c) infringes any third-party patent, trademark, or copyright;
(d) contains unsolicited promotions or solicitations;
(e) includes third-party private information without consent;
(f) may harm or exploit children;
(g) contains viruses or malicious code;
(h) includes information restricted by law.
If you observe any violations, please contact us at feedback@innosofttools.com.
5. Claims of Infringement
5.1 Copyright: If you believe that material on the App infringes your copyright, you (or your agent) may request removal or access restriction. Please provide the following:
(a) An electronic or physical signature of the owner or authorized representative;
(b) A description of the copyrighted work believed to be infringed;
(c) Your contact information;
(d) A statement that you have a good-faith belief that the disputed use is unauthorized;
(e) A perjury statement verifying the information.
5.2 For other rights, please provide relevant information to contact us.
6. Indemnification
You agree to indemnify and hold us, our officers, directors, shareholders, and employees harmless from losses, costs, liabilities, and expenses resulting from your breach of this TOS or your use of the App.
7. Disclaimers; Limitation of Liability
The App is provided "as-is" and "as available." We disclaim any express or implied warranties, including fitness for a particular purpose and non-infringement.
We are not liable for damages resulting from App use, even if notified of possible damages.
8. Links to Third-Party Websites
The App may contain links to third-party websites, and we are not liable for their content or security.
9. Governing Law; Dispute Resolution
This TOS is governed by the laws of HKSAR, with disputes resolved in HKSAR courts.
10. Changes to the TOS
We may update this TOS at any time, and continued use signifies acceptance of changes.
11. Termination; Assignment
11.1 You may terminate this TOS anytime; we reserve termination rights.
11.2 We may assign or subcontract the Services, and notice will be posted in the App.
12. Miscellaneous
If any TOS provision is invalid, it does not affect other provisions. This TOS and Privacy Policy constitute the complete agreement between us.
13. Contact Us
For questions, contact us at feedback@innosofttools.com
14. Refund Policy
14.1 Refund Eligibility
Digital Subscriptions and Products (e.g., FaceScene Pro, Credit Packs): Refunds are eligible for the most recent payment if no credits were used or images generated post-payment for subscriptions, and if the products remain unused within 14 days of purchase. Please contact feedback@innosofttools.com to request a refund.
Non-refundable Items: Official Rewards, Used Credits, and Sale Items.
14.2 Refund Processing
Refunds will be credited to the original payment method. If you haven’t received your refund, please check your bank account, contact your credit card company, or bank. If issues persist, contact feedback@innosofttools.com.