Last update: 2024-03-05

FaceHarmony Terms Of Use

This Terms of Use Agreement ("Agreement") governs your access and use of faceharmony.ai ("Site") and its associated mobile applications (collectively, the "Apps" and the "Services"). These Services are provided by TensorHarmony Technologies Inc., its beneficiaries, and affiliates ("FaceHarmony," "us," or "we"). By accessing, browsing, or otherwise using the Site, App, or any part of the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree to this Agreement, you are prohibited from accessing or using the Services.

Important: Please read this Agreement thoroughly before using the Service. By using the Service, you acknowledge your understanding and agreement to all its terms. If you disagree with any part of the Agreement, you must not use the Service.

We reserve the right to immediately terminate your access to the Services without notice if you breach any provision of this Agreement.

If you have any questions about this Agreement or our Services, please contact us at contact@tensorharmony.ai .

1. Disclaimer

The Site (or App) is provided on an “as is” and “as available” basis. To the extent permitted by law, we make no warranties, express, implied, statutory, or otherwise, regarding the Site or the content of any linked websites. We disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We also make no warranties that: (a) the Site will meet your requirements, (b) access to and use of the Site will be uninterrupted, timely, secure, or error-free, and (c) the results obtained from using the Site will be accurate or reliable.

2. Limitation of Liability

To the maximum extent permitted by law, FaceHarmony and its affiliates will not be held liable for any indirect, consequential, exemplary, incidental, punitive, or special damages, or for lost profits, lost business or revenue, loss of contracts, use, opportunity, or anticipated savings, or loss of or damage to goodwill, data, or software (in each case, whether direct or indirect), even if FaceHarmony or its affiliates have been advised of the possibility of such damages.

Furthermore, FaceHarmony and its affiliates will not be liable for any failures or delays resulting from circumstances beyond our reasonable control. These circumstances include, but are not limited to, government actions, acts of terrorism, pandemics, epidemics, natural disasters (such as earthquakes, fires, and floods), labor disputes, power outages, and internet disruptions.

3. Eligibility

You must be at least 13 years of age to access or use the Services. In certain cases, this age may be higher due to local regulatory requirements or Distribution Channels requirements. The Services are not addressed to people under the age of 13.

If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you are permitted to access and use our Services only if you have the consent and are under the supervision of a parent or legal guardian who accepts to adhere to this Agreement. For parents or legal guardians of users who are under 18 (or the age of majority in your area), it is your responsibility to ensure these users comply with all terms of access and usage of the Services, and you are fully accountable for their actions or failures to act in relation to the Services.

Our Services are intended for personal use only and are not designed for any commercial, entrepreneurial, or business purposes. If you represent a legal entity or are accessing these Services on behalf of one, please refrain from using them. Individuals may use the Services solely for personal purposes.

While we strive to ensure our Services are PG-13 and family-friendly, the content generated by our AI system based on user queries is still under development and may not always meet your expectations. Therefore, we cannot guarantee the suitability of the generated content for all users.

You are responsible for making all arrangements necessary to access and use the Services. You are responsible for all use of the Services via your account.

4. Privacy

Please refer to our Privacy Policy for information about how we collect, use and share information about you.

5. User Content

Our Services may allow you and other users to generate, transform and share content, including photos, images, graphics, videos and other materials (collectively,“User Content”). FaceHarmony does not claim ownership of any (1) User Content that you share on or through the Services, or (2) User Content transformed through the Services that you save or share on or through the Services (“Transformed Content”) or (3) User Content generated through the Services that you save or share on or through the Services (“Generated Content”). Subject to this Agreement and the Privacy Policy, you retain all rights in and to your User Content. You grant FaceHarmony a non-exclusive, sub-licensable, royalty-free, worldwide, fully paid license to use, reproduce, temporarily cache, modify, adapt, create derivative works from, distribute, perform, and display your User Content during the term of this Agreement solely for the purpose of providing you with the Services.

You are solely responsible for User Content that you upload to the Services, generate by the Services or otherwise make available to us or others through the Services, including by selecting, publishing, posting or displaying via the Services or by texting, emailing or otherwise making available to us or others. You represent and warrant that: (i) you own or otherwise have the right to use the User Content; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content; and (iii) you have the legal right and capacity to enter into this Agreement in your jurisdiction.

6. Service Availability and Quality

We continuously improve the Services, including the art style of generated content, the underlying algorithms, and available features. However, we cannot guarantee the Services' quality, stability, uptime, or reliability. Please avoid relying on any specific aspects of the Services or generated content. We assume no liability for any harm resulting from your dependence on them.

Both the Services and the generated content are provided "as is," without any express or implied warranties or conditions, including those of title, non-infringement, merchantability, or fitness for a particular purpose. You are solely responsible for determining the suitability and any risks associated with using or redistributing the content.

7. Respect for Everyone

Using the Service to infringe on others' intellectual property rights, including copyrights, patents, or trademarks, is strictly prohibited. Such actions may result in legal consequences and a permanent ban from using the Service.

We reserve the right to investigate any reported violations of our Terms of Service and take appropriate action. This may include reporting suspected unlawful activity to law enforcement officials, regulators, or other third parties. We may also disclose relevant information, such as user profiles, email addresses, usage history, posted materials, IP addresses, and traffic information, to these entities.

8. Unlimited Service and Rate Limiting

We strive to offer you unlimited access to certain functionalities of the Services, like creating new models. However, we reserve the right to limit your usage to prevent potential quality decline or disruptions affecting other users.

9. Using App as Storage

FaceHarmony is not intended for data backup. Please do not rely on the app to store your downloaded images. You are responsible for downloading and saving them to a secure location outside the app. FaceHarmony will not be held liable for any loss of generated content due to modifications, suspensions, or discontinuations of the Service.

10. Prohibited Uses

We are not responsible for your activities or any legal consequences arising from your use of the Site. You are responsible for complying with all applicable laws and regulations while using the Site, regardless of your location. Any violation of these Terms may result in the termination of your access at our sole discretion.

You are solely responsible for your activities on the App, including any content you upload. You acknowledge and assume all risks associated with using the Site. By accepting these Terms, you agree to comply with all applicable laws and regulations while using the Site. Additionally, you agree to refrain from using the Site for any prohibited activity or assisting others in doing so.

We reserve the right, but are not obligated, to take the following actions at our sole discretion:

• Monitor for violations of these Terms.
• Take legal action against anyone who violates the law or these Terms, including reporting them to law enforcement.
• Deny access to the Site or its features to anyone who violates these Terms or interferes with others' enjoyment of the Site or infringes on their rights.
• Take steps to protect our rights, property, and the proper functioning of the Site.

These are activities you are not allowed to do while using the Site/App:

• Engage in harmful or illegal activities.
• Copy or adapt our app's software or design
• Upload any material, program, or software that contains any virus, worm, spyware, Trojan horse or other program or code designed to interrupt, destroy or limit the functionality of the Site, launch a denial of service attack, or in any other way attempt to interfere with the functioning and availability of the Site
• Interfere with, disable, vandalize, or disrupt the app, servers, or networks connected to the app.
• Hack into, penetrate, disable, or otherwise circumvent the security measures of the app, servers, or networks connected to the app.
• Send emails with the intent to harass, annoy, intimidate, or threaten any of our employees or agents, regardless of where the email addresses are found (including in these Terms).
• Use the Site or App in a way that violates any applicable national, federal, state, local, or international law or regulation, breaches any contract, infringes any intellectual property rights, or other third-party right.
• Create images that are inherently disrespectful, aggressive, hateful, or otherwise abusive. If you encounter such images, please report them immediately.
• Use the Services to generate content that include child pornography, content that facilitates human trafficking or harassment, terrorist content, and content that infringes someone else's intellectual property rights.
• Use the Services to generate content for political campaigns or to influence the outcome of an election.
• Use the Services or the Assets to attempt to or to actually deceive or defraud anyone.
• Intentionally mislead recipients of the Assets about their nature or source.
• Upload or create assets of under-aged individuals.

11. DMCA Copyright Infringement Notice

We follow the procedures outlined in the Digital Millennium Copyright Act of 1998 (DMCA), specifically Section 512 (17 U.S.C. § 512), regarding reporting and responding to alleged copyright infringement. This includes removing or disabling access to infringing material. If you believe, in good faith, that copyrighted material on our Site infringes your copyright, you may submit a Notice of Infringing Material.

Before serving a Notice of Infringing Material, you may contact a lawyer to understand better your rights and obligations under the DMCA and other applicable laws. For example, if your Notice fails to comply with all requirements of sections 512(c)(3), your Notice may not be effective.

12. Links to/from Other App or Sites

This document outlines the terms of use for our app only. Links within the app may direct you to other websites or apps. These external websites and apps have their own separate terms of use, which do not apply to our app. We are not responsible for the content or terms of use of any external websites or apps accessed through links on our platform.

13. Health Disclaimer

Generative AI is a rapidly evolving technology. While exciting, its long-term effects on mental and physical well-being are still under investigation. We encourage you to use our platform responsibly and mindfully. FaceHarmony is not responsible for any potential health impacts, direct or indirect, arising from the use of our generative AI technology.

14. Modification of Services

Our Services are constantly evolving. We may introduce new features or functionalities, or remove existing ones, temporarily or permanently, for testing or improvement purposes. This includes beta features. We reserve the right to make these changes at any time, with or without notice, and you agree that we will not be liable for any such modifications or removals.

15. Feedback

When you share any suggestions, ideas, comments, questions, or any form of creative materials or feedback regarding FaceHarmony, our products, or services (hereafter referred to as "Feedback"), it's important to understand that such Feedback is not treated as confidential. Consequently, FaceHarmony is under no obligation, including that of confidentiality, concerning this Feedback. By submitting Feedback, you grant FaceHarmony a comprehensive, royalty-free, perpetual, irrevocable, global license that is not exclusive but fully sub-licensable. This license allows FaceHarmony to use, display, perform, distribute, adapt, modify, transform, and create derivative works from the Feedback in any way, commercially or otherwise, at our discretion. This encompasses the right to sublicense these privileges for the purpose of operating and enhancing our Services and business or any other purpose FaceHarmony deems appropriate.

16. Release

Within the limits allowed by law, FaceHarmony will not be responsible for any content or materials from third parties (including users), nor for any mistakes or oversights in such content, or any loss or damage arising from the use of it. FaceHarmony disclaims all warranties, promises, and representations, whether stated or implied, regarding this content, to the greatest extent law permits. You understand and agree that, while FaceHarmony does not review content in advance, it and its delegates reserve the right, at their exclusive discretion, to refuse or remove any content available through the Services without obligation. It is your responsibility to assess and accept all risks related to using any content, including trusting its accuracy, completeness, or utility.

FaceHarmony provides access to external websites and resources through its Services, but it does not control or endorse these external sites and resources. You acknowledge that FaceHarmony bears no responsibility for the content, events, goods, or services offered by these external sites or resources. Moreover, FaceHarmony will not be held accountable for any harm or losses you may claim to have suffered, directly or indirectly, as a result of using or relying on any material, events, products, or services available through such external sites or resources. Any transactions or interactions you engage in with third parties found through the Services are solely between you and the third party, and FaceHarmony shall not be liable for any damages or claims arising from such dealings.

Under the maximum extent allowed by law, you absolve FaceHarmony and its affiliates from any responsibility, liability, claims, demands, and/or damages—both direct and indirect, whether known or unknown, including claims due to negligence. This release applies to any disputes involving other users or the actions (or lack thereof) of third parties. You specifically renounce any protections you might have under California Civil Code § 1542, which states that “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor”.

17. Dispute Resolution by Binding Arbitration

17.1. Agreement to Arbitrate.

This Dispute Resolution by Binding Arbitration section, referred to as “Arbitration Agreement.” within these Terms, outlines the agreement between You and FaceHarmony to resolve all disputes, claims, demands, or causes of action (“Claims”) that have arisen or may arise between both parties, whether they stem from these Terms, the app, the site, or any aspect of the relationship or transactions between us, exclusively through final and binding arbitration by a neutral arbitrator instead of in court by a judge or jury, according to the terms of this Arbitration Agreement.

17.2. Prohibition of Class and Representative Actions and Non-Individualized Relief.

You and we agree to file claims against each other solely in an individual basis, and not as a plaintiff or class member in any purported class or representative action or proceeding.

17.3. Pre-Arbitration Dispute Resolution.

Before commencing any arbitration (or suit in small claims court, if available), you agree to provide FaceHarmony with a written notice of claim, and FaceHarmony agrees to provide you with a written notice of claim to the extent reasonably possible based on the availability of your contact information to FaceHarmony (“Notice”). The Notice shall be sent to legal@tensorharmony.ai with a paper copy to TensorHarmony Technologies Inc. FaceHarmony will send its Notice to you using the last email address we have on file for you if you have provided us with an email address (each, a “Notice Address”). The Notice must (i) describe the nature and basis of the Claim in sufficient detail to evaluate the merits of the claiming party’s Claim and (ii) set forth the specific relief sought, including the amount of money (if any) that is demanded and the means by which the demanding party calculated the claimed amount. Both parties agree that they will attempt to resolve a Claim through informal negotiation within ninety (90) calendar days of receiving the Notice. If the Claim is not resolved within ninety (90) calendar days after receiving the Notice, you or we may commence an arbitration proceeding.

17.4. Arbitration Procedures.

The Arbitration Agreement is governed entirely by the Commercial Arbitration Act in Canada. A neutral arbitrator will oversee the arbitration following the rules set by the Canadian Arbitration Association (CAA) regarding consumer disputes, as they stand at the time the arbitration commences, with adjustments made by this Arbitration Agreement. Details on the CAA's rules and the fees related to consumer disputes are available through the CAA's consumer arbitration portal. Should any discrepancy arise between the terms of the CAA Rules and this Arbitration Agreement, the terms specified here will take precedence. The arbitrator is obliged to adhere to these Terms as would a court, barring the exceptions noted herein. All issues, including but not limited to, matters concerning the scope, validity, and enforceability of this Arbitration Agreement, alongside questions about the enforceability, fairness, or validity of the Terms or parts thereof, and any arbitration defenses such as waiver, delay, or estoppel, fall under the arbitrator's purview. Any settlement offers made by either party during the arbitration process will remain confidential from the arbitrator. Although arbitration tends to be less complex and more streamlined than court trials, the arbitrator has the authority to grant the same individual damages and relief as a court could under these Terms and relevant law. The arbitrator's power to issue declaratory or injunctive relief is limited to the requesting party and only to the extent necessary for the redressal of the party's claim. The outcome of the arbitration and the judgment based on it will not serve as a precedent or have a collateral estoppel effect on any other claim. Arbitrator decisions are binding and can only be challenged in court under very limited circumstances. Arbitration hearings may take place in a mutually agreed location within Canada or, if agreed upon by both parties, through telephone or video conference. The arbitration's format, whether document-based or via a hearing, will be determined following the CAA Rules. Regardless of the arbitration method, the arbitrator will provide a detailed written decision that outlines the essential findings and conclusions upon which the award is based.

17.5. Small Claims Court.

Subject to applicable jurisdictional requirements, either party may elect to pursue a Claim in a local small claims court rather than through arbitration so long as the matter remains in a small claims court and proceeds only on an individual basis.

17.6. Cost of Arbitration.

Each party shall bear its own expenses in connection therewith. All fees and expenses of the arbitrator and court reporter and report, if any, shall be borne and paid in full and shared equally by the parties. In the event that an Arbitration hearing is canceled resulting in a cancellation fee, the party initiating the request or causing the cancellation shall bear the full cost of the cancellation fee, unless the parties agree otherwise.

17.7. Confidentiality

Each of the parties shall maintain the strictly confidential nature of the arbitration, including all aspects of the arbitration proceeding and any ruling, decision, or award by the arbitrator, and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other results of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by law.

17.8. Severability.

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable, and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified.

18. Waiver and Severability

If you do not comply with a portion of these Terms and we do not take action immediately, this does not mean we are giving up any of our rights under these Terms. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or arbitrator, the remainder of the Terms shall be enforced to the maximum extent permitted by law.

19. Assignment and Delegation

You may not assign or delegate these Terms or any rights or obligations under these Terms. Any attempted or purported attempted assignment or delegation shall be null and void and will automatically terminate your right to use the app. We may assign or delegate these Terms or any rights or obligations under these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets to any affiliate or as part of a corporate reorganization.

20. Notices

Unless otherwise specified, all notices to FaceHarmony under these Terms shall be sent to legal@tensorharmony.ai. Service of any notice will be deemed given on the date of receipt delivered by email.

21. Miscellaneous

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY FACEHARMONY IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available at our website and within our mobile app. We will also update the “Last Updated” date at the top of the Agreement. Any changes to the Agreement will be effective immediately for users. PLEASE CHECK THESE TERMS REGULARLY TO VIEW THE THEN-CURRENT AGREEMENT.