NewFaceID

Terms of Service

Last updated: January 15, 2025

Welcome to NewFaceID. These Terms of Service ("Terms") govern your access to and use of our website, applications, and services (collectively, the "Service"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

1. Acceptance of Terms

By accessing, browsing, or using the NewFaceID Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and NewFaceID. 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. Description of Service

NewFaceID provides an artificial intelligence-powered platform that generates professional headshots based on photos uploaded by users. Our Service uses machine learning algorithms to create photorealistic images in various professional styles and backgrounds. The Service is provided on an "as is" and "as available" basis, and we reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice.

3. Eligibility and Account Registration

You must be at least 18 years old or the age of majority in your jurisdiction to use the Service. By creating an account, you represent and warrant that:

  • All information you provide is accurate, current, and complete
  • You will maintain and update your information to keep it accurate and current
  • You are legally capable of entering into binding contracts
  • You will not create an account using false information or on behalf of someone else without authorization
  • You are responsible for maintaining the confidentiality of your account credentials

4. User Content and Intellectual Property Rights

4.1 Your Content Ownership

You retain all ownership rights to the photos you upload ("User Content"). You also receive full commercial rights and ownership to all AI-generated headshots ("Generated Content") created through our Service. You may use, reproduce, distribute, display, and create derivative works from your Generated Content for any purpose, including commercial use, without attribution to NewFaceID.

4.2 License Grant to NewFaceID

By uploading User Content, you grant NewFaceID a limited, worldwide, non-exclusive, royalty-free, fully paid-up license to access, use, reproduce, modify, adapt, and process your User Content solely for the purposes of: (a) providing the Service to you; (b) training and improving our AI models; (c) ensuring quality control; and (d) complying with legal obligations. This license automatically terminates when your User Content and AI model are deleted from our servers as described in our Privacy Policy.

4.3 NewFaceID's Intellectual Property

All rights, title, and interest in and to the Service itself, including but not limited to our software, algorithms, AI models, website design, branding, trademarks, and documentation, are and will remain the exclusive property of NewFaceID and its licensors. Nothing in these Terms grants you any right to use NewFaceID's trademarks, logos, or other brand features.

5. User Responsibilities and Prohibited Conduct

You agree to use the Service in compliance with all applicable laws and regulations. You are solely responsible for the User Content you upload. You agree NOT to:

  • Upload photos of other individuals without their explicit, informed consent
  • Upload photos of minors under any circumstances
  • Create, upload, or distribute content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Infringe upon the intellectual property rights, privacy rights, or other rights of any third party
  • Use the Service to create deepfakes, non-consensual imagery, or content intended to deceive, defraud, or harm others
  • Attempt to reverse engineer, decompile, or extract the source code of our Service
  • Use automated tools, bots, or scripts to access or interact with the Service
  • Interfere with or disrupt the integrity or performance of the Service
  • Share, sell, or transfer your account to any other person or entity
  • Use the Service for any illegal or unauthorized purpose

6. Billing, Payment, and Refund Policy

6.1 Pricing and Payment

All prices are displayed in U.S. Dollars (USD) unless otherwise specified. Payment is processed through our third-party payment processor (Stripe). By making a purchase, you authorize us to charge your selected payment method for the total amount of your order. All sales are final upon successful payment processing.

6.2 Refund Policy

We offer a satisfaction guarantee with the following conditions:

  • Refund Eligibility: You may request a full refund within 14 days of purchase if: (a) you have not downloaded any Generated Content; (b) your uploaded photos meet our quality requirements; and (c) the Service has completed the generation process without technical errors
  • No Refunds After Download: Once you download any Generated Content, you are no longer eligible for a refund, as you have received the delivered product
  • Technical Issues: If you experience technical failures or errors that prevent the Service from generating your headshots, please contact our support team within 14 days for assistance or a full refund
  • Photo Quality Requirements: To be eligible for a refund, uploaded photos must be clear, well-lit, high-resolution images of a single person. Low-quality submissions may not qualify

6.3 Cancellations

Once the AI generation process has begun, orders cannot be cancelled. Processing typically starts immediately after payment and photo upload are complete.

7. AI-Generated Content and Accuracy

Our Service uses artificial intelligence to generate headshots. While we strive for high quality and photorealism, AI-generated content may contain imperfections, artifacts, or inaccuracies. NewFaceID does not guarantee that Generated Content will be error-free, meet your specific requirements, or be suitable for any particular purpose. You are responsible for reviewing and selecting appropriate Generated Content for your intended use.

8. Account Termination and Suspension

8.1 Termination by You

You may terminate your account at any time through your account settings or by contacting our support team. Upon termination, your access to the Service will cease, and your data will be deleted in accordance with our Privacy Policy. Termination does not entitle you to a refund for any prepaid services.

8.2 Termination by NewFaceID

We reserve the right to suspend or terminate your account immediately, without prior notice, if we believe you have: (a) violated these Terms; (b) engaged in fraudulent or illegal activity; (c) uploaded prohibited content; or (d) posed a security or legal risk to NewFaceID or other users. We may also terminate inactive accounts after 12 months of inactivity.

8.3 Effect of Termination

Upon termination, all licenses and rights granted to you under these Terms will immediately cease. Sections of these Terms that by their nature should survive termination (including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability) will survive.

9. Disclaimers and Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NewFaceID does not warrant that:

  • The Service will be uninterrupted, timely, secure, or error-free
  • The results obtained from using the Service will be accurate or reliable
  • The quality of any products, services, information, or other material obtained through the Service will meet your expectations
  • Any errors in the software will be corrected

You acknowledge that your use of the Service is at your sole risk. We do not guarantee the storage or backup of your User Content or Generated Content beyond the retention periods specified in our Privacy Policy.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NewFaceID, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, data, or use
  • Business interruption
  • Loss of goodwill or reputation
  • Cost of procurement of substitute goods or services

WHETHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF NewFaceID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL NewFaceID'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO NewFaceID IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11. Indemnification

You agree to defend, indemnify, and hold harmless NewFaceID, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property, privacy, or publicity rights; or (d) any User Content you upload.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

If you have any dispute with NewFaceID, you agree to first contact us at legal@newfaceid.com and attempt to resolve the dispute informally for at least 30 days before initiating any formal proceedings.

12.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Delaware, USA, and shall be conducted in English. Each party shall bear its own costs and fees.

12.3 Class Action Waiver

YOU AND NewFaceID AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in Delaware, and you consent to the personal jurisdiction of such courts.

14. International Use and Export Controls

The Service is controlled and operated from the United States. We make no representation that the Service is appropriate or available for use in other locations. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws. You agree to comply with all applicable export and re-export control laws and regulations.

15. Changes to Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Material changes will be notified to you via email or through a prominent notice on the Service at least 14 days before the changes take effect. Your continued use of the Service after any changes constitute your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and NewFaceID concerning the Service and supersede all prior agreements and understandings, whether written or oral.

18. Contact Information

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

Email: legal@newfaceid.com
Address: NewFaceID, Inc., Delaware, United States