Terms & Services
Acceptance of Terms of Service
The terms and conditions outlined below govern YOUR usage of the Facia.ai Web service. The use of “Your, You” refers to the concerned organization. If in case you (the concerned organization) are using the services of the company, you confirm and authenticate that you are authorized to agree with the company, its website and other associated services to these terms of service.
These Terms of Service rule your usage of the Service nonetheless of how you avail it, via API, our or your website, third parties, or software application on PCs, laptops, mobile phones, tablets, or other consumer electronic devices.
To utilize or maintain membership, a Facia.ai account with its own terms and service and privacy regulations is necessary.
Amendment to Service Terms
We secure the right, in our exclusive discretion, to revise these Terms of Service at any moment and in any way by providing thirty (30) days’ notification by both: (a) posting a modification on our website, and (b) sending details about the change to the email address provided by you. You agree that if the Terms of Service are updated, we will have no obligation to you or any other person. If the changes made pose a material adverse impact on your plan subscribed or license and service agreement (your “Service Plan”) or if it is a change in one or more sections of Data privacy and protection, Data security center, compliance, availability/scalability/performance, physical security, and data retention/deletion, and you do not agree to the modification, then (i) you may terminate your Service Plan (ii) you may opt-out.
Depending on your service plan, Facia.ai grants you access to and usage of the service throughout the service period for a recurring or one-time fee. This is a business exchange between you and Facia.ai.
The is licensed based on a per-use fee. Your service plan may include the following: (a) the number of dealings/transactions you may use for a fee during the Service Term; (b) the fee for dealings/transactions in excess of the number of transactions allocated to you under the Service Plan; (c) per use service fee, (e) a fee for and/or hosting of the Service; and (f) a license to use Facia.ai’s software products in junction with the Service. On a case-by-case basis, further licensing agreements may be negotiated.
You may develop a website or application (an “application”) that interacts with the Service. You accept that we may from time to time change, depreciate, or republish APIs for any assistance/service or feature of service and that you must ensure that any calls or requests you make via our service are compatible with the service’s then-current APIs. Facia.ai will notify you at least 30 days in advance of any API or feature updates, enabling you to make the necessary modifications to your application.
As long as you comply with the terms of this agreement and our policies and procedures, you may use the service to run apps that you legally own or have acquired. You are solely responsible for your apps, including any information, text, images, or other content they may include.
Free Demo/Trial of Facia.ai Web Service:
Facia.ai offers a free trial/demo membership for assessing the Facia.ai Web Service and connecting it with other systems. Facia.ai holds the ownership to place limitations/restrictions on the free demo/trial, such as limiting the number or frequency of transactions. Facia.ai has the right to amend the conditions of the trial at any time. A credit card or other financial information is not required to register for a free trial. Upon expiration, the free membership does not automatically renew or convert to a paid subscription. All biometric data is deleted 180 days after enrollment cancellation, unless the user specifically asks differently.
A trial instance may be upgraded to a development instance via a paid subscription. For further information, please contact [email ID].
You agree, per the terms of service, not to use the service in a harmful way. Unless you host the service on-premises, your use of the service is also governed by the Acceptable Use Policy for Windows Azure. You may not and may not attempt to willfully misuse the service by, among other things, engaging in the following:
Probe, scan and evaluate the security of any applications and services other than your own. Violate or circumvent any of the service’s security, accounting, licensing, audit, or authentication methods.
Interfere with or disrupt any user, host, or network, for example, by sending a virus, overloading, flooding, spamming, or mail-bombing any element of the service, or using the service in any other way to distribute malware.
Accessing or searching the service through a means other than our publicly supported interfaces is prohibited (such as “scraping”). Sending unsolicited communications, advertisements, or promotions, sometimes known as spam, transmitted altered, deceptive, or fabricated source-identifying information, as in “spoofing” or “phishing.”
Do not post anything that is inaccurate, misleading, or in violation of others’ rights. You promote or advertise things or services that are not yours without authorization. It is a violation of the law to impersonate or fake your association with any individual or organisation.
Publication or distribution of pornographic or obscene materials or items that encourage prejudice, religious, racial, or ethnic hate is prohibited. In any case, it is forbidden to violate the law, invade the privacy of others, defame others and use unauthorized collection, storage, or comparison of a person’s biometric data.
You are solely responsible for any traffic from your apps to the services that use your credentials. You must thus protect your authentication keys, certificates, and security credentials. The actions conducted using your credentials will be attributed to you, along with any fines, charges, service termination, and civil or criminal consequences that ensue.
Facia.ai has several intellectual property and technology rights pertaining to the service, including patent, copyright, trade secret, trademark, and service mark rights. Except for the rights expressly granted in these Terms of Service, Facia.ai transfers none of its intellectual property or technology rights to you or any other authorised user. Facia.ai will maintain complete ownership and control of its intellectual property and technologies. You agree not to directly or indirectly reverse engineer, decompile, or attempt to gain source code or other trade secrets from the service or Facia.ai’s technology. The data and information you provide to Facia.ai in accordance with these Terms of Service are yours.
Facia.ai grants you a limited, revocable, non-exclusive, and non-transferable license to use Facia.ai’s trade names, trademarks, titles, and logos (“Licensed Marks”) only for identifying Facia.ai’s products and services.
You agree to hold us, our affiliates and our licensors, and each of our business partners(including third parties affiliated to us directly and indirectly) harmless. You also agree to hold our employees, officers, representatives, and anyone who is directly or indirectly linked to us harmless incase of claims, losses, damages, liabilities, judgments, penalties, fines, costs, and expenses (including reasonable attorney’s fees), arising out of or in connection with your access to use of the site.
We will quickly tell you of any claim subject to indemnification, with the exception that our failure to do so will not affect your obligations under this agreement unless our failure to notify you promptly delays or impedes your ability to defend the claim.
You will have the right, at our discretion, to defend against any such claim with counsel of your choosing and to settle such a claim as you deem appropriate, provided that you do not enter into any settlement without our prior written consent and that we may, at any time, elect to join the defence with our own counsel at our own expense.
Facia.ai warrants and represents that: (a) the Service as delivered to you and used in accordance with the specifications set forth and available at https://developer.Facia.ai.com/reference (“Specifications”) will not infringe any patent, copyright, or trade secret; (b) the Service shall conform to the Specifications in their then-current form at the time of the provision of such service; and (c) Facia.ai has implemented information security policies and safeguards to preserve the confidentiality of During the period of this agreement, Facia.ai’s only responsibility shall be to provide a bug fix or otherwise rectify any nonconformity (excluding sample source code or open source software) so that it substantially complies with the service’s specification. Facia.ai is not liable if, after commercially reasonable efforts, it is unable to recreate the challenges. In no circumstances will Facia.ai be responsible for any expenses incurred by you or your customers as a consequence of our replacement or repair of service, including labour, installation, removal, shipment, and any other costs associated therewith.
Other than the warranties expressly provided in Section “Facia.ai Warranties” of these terms of service, the service is provided “as is,” without any express or implied warranties of any kind, including any implied warranties of merchandising, fitness for a particular purpose, or non-infringement. No information or advice given orally or in writing by Facia.ai, its dealers, distributors, agents, or employees shall be construed as extending the scope of this guarantee. Facia.ai does not promise that the Facia.ai service or documentation will satisfy your or any third party’s needs; that the operation of the Facia.ai service or documentation will be uninterrupted or error-free; or that the use or outcomes of the use of the Facia.ai service or documentation will be accurate. Facia.ai makes no warranty regarding defective conditions or non-conformities resulting from your use; MISUSE, MISINSTALLATION, MISHANDLING, ACCIDENT, OR ABUSE OF Facia.ai SERVICE OR DOCUMENTATION; OR ERRORS RESULTING FROM MALFUNCTIONAL EQUIPMENT USED BY YOU, YOUR CUSTOMERS, OR ANY THIRD PARTY; OR ERRORS RESULTING FROM ERRORS IN THE Facia.ai SERVICE OR Certain states restrict this section’s disclaimers, so they may not apply to you.
A Disclaimer of Liability
We are not responsible for any loss or damage (including loss of use, data, business, or profits) caused to you or a third party by the service.
Facia.ai’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE (INCLUDING INDEMNITY OBLIGATIONS), HOWEVER CAUSED, AND BASED ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT, IS LIMITED TO THE TOTAL AMOUNT PAID BY DER TER TER. This liability limitation is not per incident but cumulative. Certain states restrict this section’s disclaimers, so they may not apply to you.
Endpoint and Duration
The period of these Terms of Service begins when your Service Plan becomes active and ends when the Service Parties discontinue your Service Plan (the “Term”). In the case of cancellation, you are responsible for payment of all agreed-upon fees and charges until the conclusion of the billing cycle. You are in material breach of these Terms of Service if: (a) you fail to pay any agreed-upon amount owed to us or an affiliate of ours, or any agreed-upon amount appearing on your invoice 30 days after written notice of an outstanding amount; (b) you breach any material provision of these Terms of Service; (c) you violate any material policy applicable to the Service; (d) you are subject to any proceeding under the Bankruptcy Code or similar laws; or (e)In addition to any other available remedies, we may suspend your membership, withhold refunds, and terminate your service if you fail to cure the violations within thirty days. We may charge reactivation costs to reinstate your service after its termination or suspension. In spite of the above, if your use of the service creates major risks, such as security threats or denial of service, we retain the right to immediately terminate your use of the service in order to prevent further risks and/or losses, unless you swiftly remove the danger.
In order to provide the service, we must retain necessary information, including your biometric templates and transaction logs. You give us permission to do these things in order to provide the service to the best of our ability. You are responsible for alerting your users and gaining their consent prior to collecting their biometric information if required by local law.
We collect the biometric data you provide during registration and verification in the form of images, audio, and video files (referred to as “Raw Data”) in order to extract your unique biometric traits. This raw data is preserved for auditing, support, and failure analysis unless you want to have it deleted automatically after use. The biometric information given during enrollment is turned into biometric “templates,” which are irreversible, anonymous mathematical representations of a person’s biometric characteristics. Simply storing biometric templates allows us to perform the needed service. This data is not accessible through our API, management interface, or any other means. You are accountable for the correctness, quality, and integrity of the raw data in line with -recommended standards as well as the proper use of the service. Directly, you are responsible for preserving the raw data for support or auditing purposes, if needed and if permitted by local law; in this case, you are responsible for telling your users about this implementation. To ensure the quality of the service, it is also your obligation to update the biometric templates on a regular basis, to the extent that this is practicable and/or practical.
Your Facia.ai account is managed by the Facia.ai team. Only Facia.ai Team has the ability to link your personal information to your biometric data; as a result, your template is completely anonymous. You can see and manage these on your profile page. If you delete all the information in this area, your template will be deleted and you will be unable to log in using your face or voice until you re-enroll.
ACCESS, SCALABILITY, AND PERFORMANCE
The service’s storage systems replicate all data three times for reasons of availability and performance. There are two copies of all the data in case one of the storage systems fails. For best performance, all data access is automatically allocated to the storage system. In addition, data storage may be distributed throughout several countries or even continents. Data stored in one data centre is automatically replicated in another data centre in the same geographic region.If something bad happens to one data center, the other data centre will provide the data right away.
In addition to system and network security, physical security also exists. The data centres of the cloud service provider hosting are designed to operate independently in many geographic zones 24 hours a day, seven days a week. Each data centre has redundant power sources to prevent power outages; redundant network connections to ensure availability; and strong physical access control and intrusion prevention. These amenities are restricted to a select group of operating staff.
Environmental Regulations and Persistence
The data storage is separated from the front-end and back-end nodes by a centralised storage. This allows all nodes to access the same data storage simultaneously. A faulty node will be swiftly replaced. This happens automatically in the event of a hardware breakdown in a data centre. All data centres conform to the Business Continuity Institute’s Good Practice Guidelines and the Disaster Recovery Institute’s International Professional Practice Statements.
Retention and Deletion of Data
The removal of data associated with a Biometric ID occurs shortly after the corresponding API request is initiated. This action is irreversible and prevents access to the Biometric that was deleted. All references to the data are removed on the storage systems, followed by a garbage collection process that destroys the copies.
The accounting data preserved as part of the service, such as accounting data, license data, audit data, logging data, performance data, and certificates, are kept for the length of the service term or as needed by local legislation.
Facia.ai will provide email support for our service. Individual packages of further support may be made available upon request.
Facia.ai will provide you support and the technical team with technical assistance for integrating the service or addressing service-related difficulties. You will have direct contact with and first-line support for your end-users. At the time you report an event to Facia.ai, we expect you to have exhausted all reasonable troubleshooting measures.
These terms of service provide no rights to other parties. You may not assign any of your rights under these Terms of Service, but Facia.ai may assign its rights to any of its affiliates or subsidiaries, or to any service-related company that acquires a successor in interest. Instead of being legal partners or agents, Facia.ai and you are independent contractors.
If these terms of service and your service plan are in conflict, your service plan takes precedence.
Unless otherwise stated in your Service Plan, these Terms of Service shall be governed and construed in accordance with the following laws, without regard to their conflict of law provisions: (a) the laws of the State of New York if you are in North America or Latin America; or (b) the laws of Switzerland if you are in Europe, the Middle East, or Africa; or (c) the laws of Singapore if you are in Asia Pacific, including Japan.
Facia.ai’s failure to enforce any provision of these Terms of Service does not constitute a waiver of any present or future rights. If any section of these Terms of Service is declared to be illegal, unenforceable, or invalid, the other portions will remain in full force and effect and will be replaced with an enforceable provision that expresses our intent as closely as possible.