Websites Terms of Use Agreement

• Agreement to Terms
• Who May Use the Services?
• Changes to Terms or Services
• Content Ownership, Responsibility and Removal
• General Prohibitions and FACEIO's Enforcement Rights
• Links to Third Party Resources
• Warranty Disclaimers
• Limitation of Liability
• Governing Law and Forum Choice
• General Terms
• Contact Information
• Feedback

Last Updated: May, 2023

By using, including browsing, interacting or creating an account on one of the FACEIO Websites located at faceio.net or console.faceio.net, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, please cease using the Websites immediately.

Please refer to our Websites & Cookie Policy for information on how we collect, use and disclose information from users of the Websites. You acknowledge and agree that your use of the Websites is subject to the Websites & Cookie Policy.

Please refer to our Terms of Use Agreement for our service agreement that applies to registered applications created by FACEIO account holders on console.faceio.net, as well as end users of our Facial Authentication & Enrollment Services. You acknowledge and agree that your use of the Services is subject to the Terms of Use Agreement

IMPORTANT NOTICE REGARDING ARBITRATION

WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND FACEIO represented by SYMISC SYSTEMS, SUARL THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 13 “DISPUTE RESOLUTION FOR CONSUMERS” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

Use of the Websites for business inquiries, or account registration is restricted to individuals (18 years or older) capable of forming a binding contract with FACEIO represented by SYMISC SYSTEMS, SUARL and not barred from using the Services under applicable law.

We may make changes to the Websites 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 on the Websites or through other communications such as email, for material changes. If you continue to use the Websites after we have posted updated Terms, you are agreeing to be bound by the updated Terms. Because the Websites are constantly evolving, we may change, suspend or restrict the availability of all or any part of the Websites at any time in our sole discretion, without notice to you.

• 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 Websites.

• Our Content Ownership: FACEIO and its licensor's exclusively own all right, title and interest in and to the Websites including all associated intellectual property rights. You acknowledge that the Websites 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 Websites 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 Services and solely for your personal and non-commercial purposes.

You agree not to do any of the following

• Use, display, mirror or frame the Websites or any individual element within the Websites, 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 Websites, 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, descramble 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 Websites or their Content.

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

• Use the Websites, 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 Services 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 Services or Content.

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

• Violate any applicable law or 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 Websites or their Content we have the right to do so for the purpose of operating the Websites, 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 Websites. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

The Site 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 WEBSITES & 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 Site 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 their Content.

Indemnity

You will indemnify and hold harmless FACEIO 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 Site, or your violation of these Terms.

• Intended Use of FACEIO Website: 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 Site is 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 Services.

• Limitations: NEITHER FACEIO NOR ANY OTHER PARTY INVOLVED IN CREATING, OR DELIVERING THE SITE 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 SITE, 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.

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 Services. You can submit Feedback by opening a new support ticket on the FACEIO Console or publicly via the Community Forum. 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.