Services Terms of Use Agreement

• Agreement to Terms
• The Service
• Who May Use the Service?
• Content Ownership, Responsibility and Removal
• Terms of Use for Downloadable Software Available on this Website
• General Prohibitions and FACEIO's Enforcement Rights
• Warranty Disclaimers
• Subscription, Billing and Payment Processing
• Refund Policy
• Limitation of Liability
• Indemnity
• Governing Law and Forum Choice
• General Terms
• Contact Information
• Feedback

Last Updated: May, 2023

To make these Terms easier to read, the FACEIO Facial Authentication & Enrollment Widget, Associated Applications, and JavaScript library (fio.js) are collectively referred to as “the Service”. Please read these Terms of Service (the “Terms”) and our Privacy Policy carefully because they govern your use of the Service.

• By using the Service, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, please cease using the FACEIO Websites, Services, Widget, Library & APIs immediately.
• Please refer to our Website & Cookie Policy for information on how we collect, use and disclose information from visitors of the FACEIO Websites. You acknowledge and agree that your use of the Website is subject to the Website & Cookie Policy.
• IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND PIXLAB | SYMISC SYSTEMS THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 15 “DISPUTE RESOLUTION FOR CONSUMERS” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

• FACEIO is a cross-browser, Cloud & On-Premise deployable, facial authentication framework, with a client-side JavaScript library (fio.js) that integrates seamlessly with any website or web application desiring to offer secure facial recognition experience to their users...
• Account holders are required to create an application first on the FACEIO Console from which they can install the fio.js Facial Authentication JavaScript library on their Websites, collect metrics report, manage facial index and so forth. We provide such Service through the use of a proprietary platform which combines Machine Learning, Facial Recognition Software, and Database Systems.
• You are invited to take a look at our Getting Started Guide for an overview of the Service we provide.
• By using the Service, you consent to input your facial features when you enroll on a given FACEIO application. We will use your information in accordance with our Privacy Policy (We are GDPR/CCPA compliant).

• Eligibility: You may use the Service only if you are 18 years or older and capable of forming a binding contract with FACEIO and are not barred from using the Service under applicable law.

• Registration & Your Information: If you want to use certain features of the Service such as creating a new FACEIO application to be embedded on your website, you will have to create an “Account” using your email address on the FACEIO Console.

• Accuracy of Account Information: It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone, and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

• Changes to Terms or Services: We may make changes to the Service and update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms, or through other communications such as email, for material changes. If you continue to use the Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms.

• Definitions: For purposes of these Terms: “Content” means text, graphics, images, audio, video, works of authorship of any kind and information or other materials that are generated, published, posted, or otherwise made available through the Service .

• Our Content Ownership: FACEIO and its licensors exclusively own all right, title and interest in and to the Service including all associated intellectual property rights. You acknowledge that the Service and their Content are protected by copyright, trademark, and other laws of the United States. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service and their Content.

• Rights in Content Granted by FACEIO: Subject to your compliance with these Terms, FACEIO grants to you a limited, non-exclusive, non-transferable license, with no right to sub-license, to access and view the Content solely in connection with your permitted use of the Service and solely for your personal and non-commercial purposes.

Any software that is made available to download from this server ("Software") is the copyrighted work of Symisc Systems, Inc. and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, SYMISC SYSTEMS, INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Terms of Use for Documents Available on this Website. Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from this server ("Server") is granted, provided that: (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear. (2) use of such Documents from this Server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the faceio.net website or any other Symisc Systems, owned, operated, licensed or controlled site. Elements of Symisc Systems websites are protected by trademark and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Symisc Systems website may be copied or re-transmitted unless expressly permitted by Symisc Systems.

SYMISC SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SYMISC SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL SYMISC SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SYMISC SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEBSITE.

IN NO EVENT SHALL SYMISC SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER.

You agree not to do any of the following

• Use, display, mirror or frame the Service or any individual element within the Service, FACEIO’s name, any FACEIO trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without FACEIO’s express written consent.

• Access, tamper with, or use non-public areas of the Service, FACEIO’s computer systems, or the technical delivery systems of FACEIO’s providers.

• Attempt to probe, scan or test the vulnerability of any FACEIO system or network or breach any security or authentication measures.

• Avoid, bypass, remove, deactivate, impair or otherwise circumvent any technological measure implemented by FACEIO or any of FACEIO’s providers or any other third party (including another user) to protect the Site or its Content.

• Use any meta tags or other hidden text or meta-data utilizing a FACEIO trademark, logo URL or product name without FACEIO’s express written consent.

• Use the Service, their Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms.

• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Content to send altered, deceptive or false source-identifying information.

• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Content.

• Collect or store any personally identifiable information from the Service from other users of the Service without their express permission.

• Violate any applicable law, regulation or encourage or enable any other individual to do any of the foregoing.

Although we are not obligated to monitor access to or use of the Service we have the right to do so to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third Party Websites or Resources: the Service may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

the Service & THEIR CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any of its Content.

• Pricing Context: Certain aspects of the Service may be provided for a fee or other monthly recurring charges. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. FACEIO may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
• Merchant of Records: Our order process is conducted by our online reseller Paddle. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
• Payment Processing: FACEIO does not store your credit card details or even know anything about them. Subscription & Billing are 100% handled by our merchant of records (MoR) Paddle which is PCI & GDPR compliant and, a platform of trust. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

• We offer a full money-back guarantee for all FACEIO Paid Plans. If you are not satisfied with the Plan that you have subscribed to, you can get your money back no questions asked. You are eligible for a full reimbursement within 14 calendar days of your purchase. After the 14-day period you will no longer be eligible and won't be able to receive a refund.
• We encourage our customers to try our plans in the first two weeks thanks to our free trials period to ensure that the selected plan fit their needs.
• In the event that FACEIO suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any FACEIO Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

• Intended Use of the FACEIO Service: While we aim for access to the Site to be highly reliable and available, we do not guarantee that it will be reliable or available 100% of the time. the Service are subject to sporadic interruptions and failures for a variety of reasons beyond FACEIO’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that FACEIO is not responsible for any damages allegedly caused by the failure or delay of the Service.

• Limitations: NEITHER FACEIO NOR PIXLAB NOR SYMISC SYSTEMS NOR ANY OTHER PARTY INVOLVED IN CREATING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the Service, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FACEIO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

You will indemnify and hold harmless FACEIO represented by PixLab | SYMISC SYSTEMS and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of, or in any way connected with your access to, or use of the Service, or your violation of these Terms.

This Agreement shall be governed, interpreted and construed under the laws of the Republic of Tunisia without regard to its conflict of law principles. The parties agree that any dispute or litigation arising in whole or in part hereunder shall, at the option of the Corporation, be litigated in any court of competent subject matter jurisdiction sitting in Tunisia, to the jurisdiction of which and venue in which Executive irrevocably consents.

Entire Agreement: These Terms, together with any other document referenced or incorporated herein by reference, constitute the entire and exclusive understanding and agreement between FACEIO and you regarding the Websites and their Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between FACEIO and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without FACEIO’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. FACEIO may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices: Any notices or other communications provided by FACEIO under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Websites. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Waiver of Rights: FACEIO’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FACEIO. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Use the following medium to reach the FACEIO Support or Legal team if you have any questions related to the field of interest:

• Privacy Practices, ToS Compliance & Data Protection Officer (DPO): privacy@faceio.net.
• Press & Media Inquiry: media@faceio.net.
• Technical & Integration Support: Open a new support ticket on the FACEIO Console or publicly via the Community Forum.
• Feedback & General Inquiries: Refer to the section below.

We welcome feedback, comments and suggestions for improvements to the Service. You can submit Feedback by opening a new support ticket on the FACEIO Console or publicly via the Community Forum.

By doing so, you grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sub-license, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.