Terms of Service
This End-User License Agreement is a valid agreement between you and Appfresh LLC. Please read this EULA carefully. Rules of this EULA are binding for you. If you don’t agree to be bound by the rules of this EULA, please don’t use Facefy. If you continue using Facefy it will mean that you have read and understood this EULA and agree to be bound by it.
1. Definitions and terms
In order to understand the rules of the EULA clearly you shall familiarize yourself with the meaning of terms used in the EULA. In this EULA the following terms, when capitalized, shall have the following meanings:
- “Account” — means a personal account of a user of the Platform services, which is provided by the Platform Administrator under the Platform Terms of Use or similar document. The Account is accessed with a Platform ID (account name) and a password.
- “Company”, “We” — mean Appfresh LLC, a limited liability company with its principal place of business at: 1309 Coffeen Avenue STE 1200, Sheridan, Wyoming 82801, USA. Facefy is operated by Appfresh LLC.
- “Content” — means all kinds of content, including, among other, data, texts, images, videos, sounds, links, software and other pieces of information in any form, which are made available to You through Facefy.
- “Device” — means a smartphone, tablet, computer, or another similar device that You either own or otherwise legally control exclusively for Your personal non-commercial use.
- “EULA” — means this End User License Agreement, which is a binding agreement between You and the Company. The EULA may incorporate other documents, such as the Privacy Policy that regulate relations between You and Us with regard to using Facefy. If a document represents a part of the EULA, it has a clear indication thereof.
- “Facefy”, “WebApp”, “Service” — mean the Facefy website at facefy.com and related web-based hairstyle, face studio, and styling preview tools and services operated by the Company.
- “Intellectual Property Rights” — means, collectively, rights under any patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights.
- “Subscription” — means a period, during which You use Facefy as a whole or certain additional Content for a fee.
- “User Content” — means any photos, images, text, or other materials You upload, submit, or otherwise provide when using Facefy (including selfies used for styling previews).
- “You” — means an individual using Facefy.
2. Changes of the EULA
- We may introduce changes to this EULA from time to time. You shall regularly check the latest version of the EULA on this page.
- If You do not agree with the terms of the updated EULA, You are not allowed to use Facefy starting from the day on which the updated EULA takes effect. In this case You shall not use Facefy and cancel renewal of your Subscriptions.
3. Device
- If You intend to use Facefy on any Device not owned by You, You must have the owner’s permission to do so. You will be responsible for complying with this EULA whether or not You own the Device.
- If You do not own the Device, You are allowed to use Facefy only through Your Account where an Account is required.
- If You use the Device together with other people, please make sure that nobody except You can use Facefy from Your Account. All actions taken in Your Account are considered Your actions regardless of who actually takes such actions. You are fully responsible for all actions taken in Your Account.
- If You decide to sell or otherwise dispose of the Device, You shall clear Facefy session data and any stored local Facefy materials from the Device as appropriate.
4. Legal capacity and age
- Facefy is designed for users over 16. If You use Facefy, You confirm that You are at least 16 years old and have full legal capacity to enter into this Agreement.
- If You are between 16 and 18 years old, Your parent, guardian or other representative of legal age has to check and agree to this EULA on Your behalf. If You use Facefy, You confirm that Your parent, guardian or other representative of legal age has agreed to the terms of this EULA and permits You to use Facefy.
5. Intellectual property
We hereby grant You a non-exclusive, personal, limited, revocable and non-transferable license to access and use Facefy only on Your Device, provided that You agree to comply with all the terms and conditions of this EULA. Please take into consideration that Facefy is licensed, not sold, to You.
The Company or the licensor of the Company is the only holder of Intellectual Property Rights with regard to Facefy. The Company retains all rights, title and interest in and to Facefy and reserves all rights not expressly granted to You in this EULA.
You may not sell, resell, distribute, redistribute, rent, lease, sublicense, assign, copy, or in any other way transfer or grant any rights to Facefy to any third party.
You may not distribute or make Facefy available over any network where it could be used by multiple users at the same time in a manner that circumvents our access controls, except when it is expressly authorized by Us.
You may not use any automatic or manual device or process to interfere with the proper working of Facefy. You may not decompile, disassemble, reverse engineer or create derivative works of Facefy or any parts thereof, except to the limited extent permitted by applicable law. All modifications or enhancements to Facefy remain the sole property of the Company.
You may not use Facefy in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Facefy.
6. Your content and photos
- You must own or have all necessary rights and consents to any User Content You upload. Do not upload images of other people without their consent.
- You retain ownership of Your User Content. By uploading User Content, You grant the Company a limited, non-exclusive license to process that Content solely to operate and improve Facefy for You (for example, to generate styling previews and recommendations).
- Facefy results are informational styling previews and recommendations for personal, non-medical use. They are not a substitute for a licensed stylist, dermatologist, or other professional advice.
7. Subscription and trial period
- Facefy as a whole or certain parts (additional Content) may be provided on a paid subscription basis. The fee may vary depending on the period of the Subscription duration and the package You choose.
- Where automatic renewal applies, the Subscription will renew automatically for the same period at the end of the Subscription at the cost of the chosen package. Your Account may be charged for the renewed Subscription within 24 hours prior to the end of the current Subscription.
- You may cancel renewal of the Subscription at least 24 hours before the end of the Subscription; in this case Facefy as a whole or its additional Content will be available to You until the end of the Subscription. After the end of the Subscription, paid features will be available only if a new Subscription is purchased.
- Your subscription will not stop automatically. You must cancel automatic renewal of Your subscription in order not to be charged with the cost of the new Subscription.
- Where a free trial is offered, You may use Facefy or its additional Content free of charge during the stated trial period. At the end of the trial period it may automatically transform into a paid Subscription for the shortest period available and Your Account may be charged for the cost of such Subscription, unless You cancel the Subscription through the subscription settings of Your Account at least 24 hours prior to the end of the free trial period.
8. Fees and purchase terms
- The costs of all Subscriptions, when offered, are available on facefy.com.
- When You purchase a Subscription, payment may be processed by a third-party payment processor or Platform Administrator on Our behalf.
- Please notice that We typically neither process Your payment card details directly nor have access to Your full payment information, such as Your bank card data.
- Should You have any question with regard to payment processing, please contact [email protected] or the support service of the applicable payment provider.
- Your Account may be charged with the cost of the new Subscription within 24 hours prior to the end of the current Subscription. If You cancel automatic renewal within the last 24 hours of the Subscription, such cancellation may take effect at the end of the new Subscription depending on the billing platform.
9. Disclaimer
To the fullest extent permitted by applicable law, We and Our affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, express or implied, as to the accuracy, adequacy or completeness of any of the information contained in Facefy or created by the services.
The Content in Facefy is provided to You on an “as is” basis, without any warranties as to merchantability or fitness for a particular purpose or use. We do not guarantee that You will attain any anticipated result from the use of Facefy.
We make no warranty that: (a) Facefy will meet Your requirements; (b) Facefy will be error-free, secure, or uninterrupted; (c) any Facefy functionality errors will be corrected; (d) the quality of Facefy will meet Your expectations.
We shall have no responsibility or liability for any errors or omissions. We are not responsible for any damages, whether direct or indirect, special or consequential, suffered by You or by any other person from the use of Facefy, even if You have been advised of the possibility of such damages. No advice or information, whether oral or written, obtained by You from Us or Facefy shall create any warranty not expressly stated in the EULA. Under no circumstances shall Our liability or that of any of Our affiliates pursuant to any cause of action, whether in contract, tort, or otherwise, exceed the fee paid by You for access to Facefy in the twelve (12) months preceding the claim. Furthermore, We shall have no responsibility or liability for delays or failures due to circumstances beyond Our control.
10. Transfer of rights
- We may transfer Our rights and obligations under this EULA to any other organization or individual without Your consent. We will notify You if this happens and We will ensure that the transfer will not affect Your rights under the EULA.
- You may only transfer Your rights or Your obligations under this EULA to another person if We agree in writing.
11. Your violation of the EULA
We may end Your rights to use Facefy at any time by contacting You if You have broken the rules of this EULA in a serious way. If what You have done can be put right We will give You a reasonable opportunity to do so.
If We end Your rights to use Facefy: (a) You must stop all activities authorized by this EULA, including Your use of Facefy; (b) You must delete or remove Facefy-related local data from Your Devices as appropriate and confirm to Us that You have done this if We request it.
12. Refund policy
Please kindly note that we may offer refunds to customers who made a direct purchase from the Company, subject to review.
To request a refund please email a written application to [email protected] containing the following information: (a) Name and Surname of the customer who purchased the services; (b) Date of the payment; (c) Payment receipt or any payment confirmation; (d) Brief justification of the reason for the need for a refund.
PLEASE BE INFORMED THAT YOUR REFUND REQUEST SHALL CONTAIN ALL THE INFORMATION DESCRIBED ABOVE IN ORDER TO ALLOW US TO PERFORM A REFUND. THE LACK OF INFORMATION FROM YOUR SIDE IN YOUR REQUEST MAY LEAD TO AN INABILITY TO MAKE A REFUND PAYMENT.
We will review your application and notify you (by email) whether your application is approved. If the application is approved, your refund will be processed, and a credit will be applied to your credit card or original method of payment, within 14 days where practicable.
In order to cancel automatic renewal of a Subscription, please update your subscription settings where available, or email us at [email protected].
13. Miscellaneous
- Each of the paragraphs of this EULA operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining paragraphs will remain in full force and effect.
- Even if We delay enforcing this EULA, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under this EULA, or if We delay taking steps against You in respect of Your breaking the EULA, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date.
- This EULA shall be governed and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of law provisions.
- If any dispute, controversy or difference arises between You and the Company, it shall first be settled amicably through negotiations. If such dispute cannot be settled amicably through negotiations within a thirty (30) day period, the parties may pursue resolution in the state or federal courts located in Wyoming, USA, unless applicable law requires otherwise.
- Support. If You want to learn more about Facefy or have any problems using it, please contact Us at [email protected].
Contact
Questions about these Terms: [email protected]
Appfresh LLC
1309 Coffeen Avenue STE 1200
Sheridan Wyoming 82801
USA