Face2Face

Face2Face Terms of Service

Welcome to the Face2Face AI Ltd. ("Face2Face", "we", "our" or "us") Platform accessible via https://www.f2face.ai (together with its subdomains, Materials, Marks (as defined below), features and services the "Platform"). Please read the following Terms of Service carefully before using this Platform so that you are aware of your legal rights and obligations with respect to Face2Face. By accessing or using the Platform, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Face2Face Terms of Service, together with the Privacy Policy (as defined below) (collectively, the "Terms"). To the maximum extent permitted by law, you hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records. If you do not agree to be bound by these Terms, please do not access or use the Platform.

NOTABLY, THESE TERMS ARE A BINDING AGREEMENT AND INCLUDE A MANDATORY ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

BY ACCEPTING THESE TERMS, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY ESTABLISHING AN ACCOUNT, OR USING THE PLATFORM, YOU AGREE THAT YOU: (A) HAVE READ AND UNDERSTOOD THESE TERMS; (B) REPRESENT THAT YOU HAVE THE LEGAL CAPACITY TO UNDERTAKE THE OBLIGATIONS ARISING FROM YOUR ACTIONS THROUGH THE PLATFORM; (C) REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD; AND (D) AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS.

  1. Modification. When changes are made, Face2Face will make a new copy of these Terms and/or Supplemental Terms, as applicable, available on the Face2Face Platform, and we will also update the "Last updated" date at the bottom of this agreement. Updates related to the operation of the Platform and the services provided, as well as minor modifications and/or updates that only insignificantly affect the balance of the performance and counter-performance between the contracting parties may be implemented without prior notice, except as otherwise required by applicable law. If we make any material changes and you have registered an Account with us, we will also send an email with an updated copy of this agreement to you at the email address associated with your Account. Unless otherwise stated in such update, any changes to this agreement will be effective immediately for users without an Account and thirty (30) days after posting for users with an Account. Face2Face may require you to provide consent to the updated Agreement in a specified manner before further use of the Face2Face Platform. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE FACE2FACE PLATFORM.
  2. Ability to Accept Terms. The Platform is only intended for individuals aged 18 years or older. If you are under 18 years old, please do not visit or use the Platform.
  3. Platform Access. For such time as these Terms are in effect, subject to payment of the relevant fees, we hereby grant you permission to visit and use the Platform provided that you comply with these Terms and applicable law and provided that you do not violate, infringe, or misappropriate any third party right (including, without limitation, intellectual property rights or privacy rights).
  4. Restrictions. Face2Face provides the Platform exclusively for private use. You expressly agree not to utilize the Platform for commercial, business, or resale purposes, acknowledging that Face2Face shall not be liable for any loss of profit, business, business interruption, or business opportunity arising from such use. You shall not: (i) copy, distribute or modify any part of the Platform without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Materials; (iii) collect information or data from our services or systems, or attempt to decipher transmissions to or from our servers; (iv) disrupt servers or networks connected to the Platform; (v) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Platform; (vi) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any of the Platform's source code, in whole or in part; (vii) circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Materials or that enforce limitations on use of the Platform; (viii) violate the intellectual and industrial property rights of Face2Face or third parties; (ix) use a false identity or ID that does not belong to you; (x) transmit malware, viruses, or similar programs, or submit prohibited content, as detailed in Section ‎7.4 below; and/or (xi) use the Platform to the detriment of Face2Face’s interests and reputation or in violation of these Terms, applicable law or third-party rights.

    We reserve the right to limit, restrict, or completely terminate access to the Platform for any user who violates these Terms. This includes, but is not limited to, engaging in prohibited actions, providing false or misleading information, infringing intellectual property rights, or using the Platform for unlawful purposes. We may implement these measures at our sole discretion and without prior notice if deemed necessary to protect our interests, the integrity of the Platform, or the safety of other users. Moreover, we may pursue legal action to recover damages or enforce compliance with these Terms. By using the Platform, you acknowledge and agree that any breach of these Terms may result in immediate suspension or termination of access, and we shall not be liable for any loss or inconvenience arising from such actions.
  5. Account. In order to use some of the services of the Platform, you may have to create an account ("Account"). You agree not to create an Account for anyone else or use the account of another person without their permission. When creating your Account, you must provide lawful, accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Face2Face immediately of any breach of security or unauthorized use of your Account. As between you and Face2Face, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account, you may send an email request to Face2Face at admin@f2face.ai.
  6. Fees and Expenses; Payments.
    1. Third-Party Service Provider. Face2Face uses Stripe, Inc. as its third-party service providers for payment services (e.g., card acceptance, merchant settlement, and related services) (each a "Third-Party Service Provider"). If you make a purchase on the Face2Face Platform, you will be required to provide your payment details and any additional information required to complete your order directly to a Face2Face Third-Party Service Provider. You agree to be bound by Stripe's Privacy Policy (currently accessible at https://stripe.com/us/privacy) and its Terms of Service (currently accessible at https://stripe.com/ssa) and hereby consent and authorize Face2Face and Stripe to share any information and payment instructions you provide with one or more Third-Party Service Provider(s) to the minimum extent required to complete your transactions. Please note that online payment transactions may be subject to validation checks by our Third-Party Service Providers and your card issuer, and Face2Face is not responsible if your card issuer declines to authorize payment for any reason. For your protection, Face2Face's Third-Party Service Providers use various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize them, as applicable, to verify and authenticate your payment information. Your card issuer may charge you an online handling fee or processing fee. Face2Face is not responsible for this. In some jurisdictions, Face2face's Third-Party Service Providers may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.
    2. Payment. You shall pay all fees or charges ("Fees") to your Account in accordance with the fees, charges and billing terms in effect at the time a Fee is due and payable. By providing Face2Face and/or our Third-Party Service Provider with your payment information, you agree that Face2Face and/or our Third-Party Service Provider is authorized to immediately invoice your Account for all Fees due and payable to Face2Face hereunder and that no additional notice or consent is required. You shall immediately notify Face2Face of any change in your payment information to maintain its completeness and accuracy. Face2Face reserves the right at any time to change its prices and billing methods in its sole discretion. You agree to have sufficient funds or credit available upon placement of any order to ensure that the purchase price is collectible by us. Your failure to provide accurate payment information to Face2Face and/or our Third-Party Service Provider or our inability to collect payment constitutes your material breach of this agreement. Except as set forth in this agreement, all Fees for the Face2Face Platform are non-refundable.
    3. Subscriptions. If you purchase access to certain features and functionality of the Face2Face Platform on a time-limited basis (a "Subscription"), the Fee for such Subscription ("Service Subscription Fee") will be billed at the start of the Subscription ("Subscription Service Commencement Date") and at regular intervals in accordance with your elections at the time of purchase. Face2Face reserves the right to change the timing of our billing. Face2Face reserves the right to change the Subscription pricing at any time in accordance with Section 1 Modification. If changes to the Subscription price occur that impact your Subscription, Face2Face will use commercially reasonable efforts to notify you, such as by sending an email to the email address associated with your Account. If you do not agree with such changes, you may cancel your Subscription as set forth in Section 6.3(a)(i) (Cancelling Subscriptions).
      1. Automatic Renewal. If you elect to purchase a Subscription, your Subscription will continue and automatically renew at Face2Face then-current price for such Subscription until terminated in accordance with this agreement. The frequency at which your Subscription renews (i.e., weekly, monthly, annually, etc.) will be designated at the time at you sign up for the Subscription. By subscribing, you authorize Face2Face to charge the payment method designated in your Account now, and again at the beginning of any subsequent Subscription period. Upon renewal of your Subscription, if Face2Face does not receive payment, (i) you shall pay all amounts due on your account upon demand and/or (ii) you agree that Face2Face may either terminate or suspend your Subscription and continue to attempt to charge your designated payment method until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new Subscription commitment period will begin as of the day payment was received).
        1. Cancelling Subscriptions. You may cancel your Subscription by logging into and going to the "Change/Cancel Membership" section of your "Billing Portal/Account Settings" page. If you do not wish your Account to renew automatically, or if you want to change or terminate your Subscription, you must log in and go to the "Change/Cancel Membership" section of your "Billing Portal/Account Settings" page.
        2. Effect of Cancellation. If you cancel your Subscription, you may use your Subscription until the end of your then-current Subscription term; your Subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the Service Subscription Fee paid for the then-current Subscription period.
      2. Upgrades and Downgrades. If you choose to upgrade your Subscription in the middle of a Subscription period, such upgrade will take effect immediately and any incremental fees associated with such upgrade will be charged in accordance with this Agreement. In any future Renewal Term, the fees will reflect any such upgrades. If you choose to downgrade a Subscription, the downgrade will take effect as of the first day of the next Renewal Term. Downgrading a Subscription may cause loss of content, features, or capacity of the Face2Face Platform as available, and to the maximum extent permitted by law Face2Face does not accept any liability for such loss.
    4. Taxes. The Fees are exclusive of all applicable sales, use, value-added and other taxes, and all applicable duties, tariffs, assessments, export and import fees, or other similar charges, and you will be responsible for payment of all such taxes (other than taxes based on FaceFace's income), fees, duties, and charges and any related penalties and interest, arising from the payment of the fees, the provision of the Face2Face Platform to you under this agreement, or the licenses granted herein to you. You will make all payments of Fees to Face2Face free and clear of, and without reduction for, any withholding taxes; any such taxes imposed on payments of Fees to Face2Face will be your sole responsibility, and you will provide Face2Face with official receipts issued by the appropriate taxing authority, or such other evidence as Face2face may reasonably request, to establish that such taxes have been paid.
    5. Free Trials and Promotional Access. Any free trial or other promotion that provides users access to the Face2Face Platform must be used within the specified time of the trial. At the end of the trial or promotional period, your use of the Face2Face Platform will automatically roll into a paid Subscription at our then-current Service Subscription Fees, and you will be charged for such Subscription as set forth in Section 5.4 (Subscriptions) if you do not cancel prior to the Subscription Service Commencement Date. If you are inadvertently charged for a Subscription and provide us with written notice of the error, Face2Face will have the charges reversed.
  7. User Submissions.
    1. Responsibility. The Platform may permit the submission, hosting, sharing and publishing of content by you and other users, including without limitation, video, audio, text, prompts, images, and other content or materials submitted to the Face2Face Platform by you or on your behalf, including through a user interface ("User Submissions"). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all content posted on the Platform (including User Submissions) at any time and for any reason.
    2. Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Face2Face to use all Intellectual Property Rights (as defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Platform and these Terms.
    3. License to User Submissions. By submitting the User Submissions to Face2Face, you hereby grant Face2Face a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Platform and Face2Face's business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Platform or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms. We may use User Submissions to comply with applicable law, defend and enforce our rights or the rights of other users, and enforce our policies.
    4. Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (ii) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iii) impersonates another person; (iv) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (v) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vi) involves theft or terrorism; or (vii) is otherwise malicious or fraudulent.
    5. Exposure. You understand and acknowledge that when accessing and using the Platform: (i) you will be exposed to User Submissions from a variety of sources, and that Face2Face is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Face2Face with respect to (i) and (ii) herein.
    6. Spam. You agree not to, and will not, use the communications systems provided by the Platform to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.
    7. Consent to Use of Data; Consent to Recording of Calls.When you use the Platform, you acknowledge and agree that your data and use information may be collected and used by Face2Face, in the manner described in these Terms and in accordance with our Privacy Policy, as set out in Section 13. You further acknowledge and agree that any calls between you and AI characters provided in the Platform may be recorded and/or monitored for training, quality assurance or other business purposes. We and our third-party service providers may also record and use information about your interactions with the Platform, and your communications with us, for quality assurance, research, development and other purposes, as described in our Privacy Policy.
  8. Output. You acknowledge that Face2Face does not control or review any User Submissions or Avatar-User interactions for accuracy or compliance and to the extent permitted by applicable law, disclaims all liability arising from the generated output or its use. You are solely responsible for generated output including any consequences of its creation, use, sharing, display or distribution. Without limiting the foregoing, you are solely responsible for ensuring that no output (a) misrepresents affiliation, sponsorship, or authorship; (b) violates any third party's rights or applicable laws; or (c) causes harm, offense, or confusion.
  9. Intellectual Property Rights.
    1. Materials and Marks. The: (i) Platform and the content on the Platform, including, without limitation, the Intellectual Property Rights, text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services, other than the User Submissions (collectively, the "Materials"); and (ii) trademarks, service marks, and logos contained therein ("Marks"), are the property of Face2Face, its affiliates or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. "Face2Face", the Face2Face logo, and other marks are Marks of Face2Face or its affiliates. All other trademarks, service marks, and logos used on the Platform are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Platform and the Materials. "Intellectual Property Rights" means any and all rights, titles, and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity, and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.
    2. Use of Materials. Materials on the Platform are provided to you for your information and personal non-commercial use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Materials, you must retain all copyright and other proprietary notices contained therein.
    3. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may implement it or use it without restrictions, obligations, or any compensation to you.
  10. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Materials available on the Platform are accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Materials, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Materials. Your use of the Materials, or any part thereof, is made solely at your own risk and responsibility.
  11. Third Party Content.
    1. The Platform may enable you to view, access, link to, and use content from Third Party Sources (as defined below) that are not owned or controlled by us ("Third Party Content"). The Platform may also enable you to communicate and interact with Third Party Sources. "Third Party Source(s)" means: (i) third party platforms, services and technologies; and (ii) our partners and customers.
    2. We are not affiliated with and have no control over any Third Party Sources. We do not assume any responsibility for the content, terms, privacy policies, actions or practices of any Third-Party Sources. Please read the terms and privacy policy of any Third-Party Source that you interact with before you engage in any such activity.
    3. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights of, or relating to, any Third Party Content.
    4. We do not endorse any advertising, promotions, campaigns, products, services, or other materials that are included in any Third Party Content or communicated to you from a Third Party Source.
    5. By using the Platform you may be exposed to Third Party Content that is inaccurate, offensive, indecent or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
    6. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Face2Face, and release Face2Face from any and all liability arising from your use of and interaction with any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
  12. Third Party Open Source Software. Portions of the Platform may include third party open source software that is subject to third party terms and conditions, ("Third Party Terms"). If there is a conflict between any Third Party Terms and these Terms, then the Third Party Terms shall prevail but solely in connection with the related third party open source software. Notwithstanding anything in these Terms to the contrary, Face2Face makes no warranty or indemnity hereunder with respect to any third party open source software.
  13. Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain (including but not limited to the User Submissions) in connection with the Platform, and your use thereof, which we reasonably believe is necessary to: (i) execute and fulfill the contractual relationship between you and us for the provision of the services; (ii) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (iii) enforce these Terms, including to investigate potential violations of them; (iv) detect, prevent or otherwise address fraud, security or technical issues; (v) respond to user support requests; (vi) protect the rights, property or safety of Face2Face, its users or the public.
  14. Privacy. For information on how we use your Personal Data, please read our privacy policy ("Privacy Policy") which is available on the platform or at Privacy Policy. We may monitor and analyze user activity on the Platform for quality assurance and improvement purposes, as further described in our Privacy Policy.
  15. Warranty Disclaimers.
    1. This section applies whether or not the services provided under the Platform are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
    2. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. FACE2FACE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. FACE2FACE DOES NOT GUARANTEE THAT THE PLATFORM WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE PLATFORM AND THE CONTENT MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT FACE2FACE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE PLATFORM BY A THIRD PARTY.
    3. YOU ACKNOWLEDGE THE PLATFORM DOES NOT INVOLVE ANY GAMBLING, BETTING, OR LIKE ACTIVITIES AND USERS ARE NOT ABLE TO WAGER REAL MONEY OR ANY OTHER FINANCIAL ASSETS ON THE PLATFORM. THE PLATFORM IS INTENDED SOLELY FOR INFORMATION, EDUCATIONAL AND ENTERTAINMENT PURPOSES. USERS SHOULD NOT EXPECT TO RECEIVE ANY PRIZES OR REWARDS FOR THEIR PARTICIPATION. FACE2FACE MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE PROVISION OF ANY PRIZES OR REWARDS TO USERS.
    4. WHILE THE PLATFORM MAY PROVIDE ACCESS TO CERTAIN INFORMATION, THE PLATFORM CANNOT, AND IS NOT INTENDED TO, PROVIDE ANY PROFESSIONAL ADVICE OF ANY KIND. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR YOUR USE OF THE PLATFORM AND/OR USE OF ANY INFORMATION PROVIDED BY THE PLATFORM.
    5. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, FACE2FACE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE PLATFORM.
    6. YOU SPECIFICALLY ACKNOWLEDGE THAT FACE2FACE SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY PLATFORM USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
    7. YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY PLATFORM USER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY PLATFORM USER IN CONNECTION WITH THE PLATFORM OR ANY USER SUBMISSION, YOU AGREE THAT FACE2FACE IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. FACE2FACE RESERVES THE RIGHT BUT HAS NO OBLIGATION TO MONITOR ANY SUCH DISPUTE.
  16. Limitation of Liability.
    1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FACE2FACE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, EVEN IF FACE2FACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
    2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FACE2FACE FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE PLATFORM EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO FACE2FACE FOR USING THE PLATFORM DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM. IF YOU HAVE NOT PAID ANY FEES AND THE ABOVE IS NOT ENFORCEABLE, THE AGGREGATE LIABILITY OF FACE2FACE SHALL NOT EXCEED $25.
  17. Indemnity. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Face2Face and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Platform; (ii) your User Submissions and/or any use thereof; (iii) the Materials; (iv) your violation or any violation of proprietary rights and/or any other third party rights, including without limitation Intellectual Property Rights or privacy rights; (v) your violation of these Terms or other terms from third parties associated with Third Party Content; and/or (vi) any other violation of any other applicable law or regulation.
  18. Term and Termination. These Terms are effective until terminated by Face2Face or you. Face2Face, in its sole discretion, has the right to terminate these Terms and/or your access to the Platform, or any part thereof, immediately at any time, with or without cause (including, without limitation, for a breach of these Terms). Without derogating from any other provision of these Terms, in the event of any breach of these Terms, Face2Face reserves the right to suspend all or some of your access to the Platform and its services temporarily until such breach is cured, or indefinitely if deemed appropriate by Face2Face. Suspension may occur without prior notice and is at the sole discretion of Face2Face. Face2Face shall not be liable to you or any third party for termination or suspension of the Platform, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Platform in any way, your only recourse is to immediately discontinue use of the Platform. Face2Face retains the right to keep a copy of your data for trust and safety purposes. Upon termination of these Terms, you shall cease all use of the Platform. This Section 18 and Sections 7 (User Submissions), 9 (Intellectual Property Rights), 14 (Privacy) to 17 (Indemnity), and 19 (Independent Contractors) to 24 (No Waiver) shall survive termination of these Terms.
  19. Independent Contractors. You and Face2Face are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Face2Face. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Face2Face.
  20. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Face2Face without notice or obligation to you.
  21. Mandatory Arbitration.
    1. In the event of any claim, controversy, or dispute under or otherwise in connection with these Terms (a "Dispute"), such Dispute shall be resolved exclusively by arbitration in accordance with Schedule A attached hereto. However, if the Dispute is not subject to arbitration (either because you opted-out of the arbitration in the manner described in Schedule A, or because a court of competent jurisdiction determined that the agreement to arbitrate does not apply to you or the Dispute) then the Dispute shall be subject to the exclusive jurisdiction and venue of the competent courts located in New York, New York, USA, and the Parties hereby irrevocably and unconditionally submit to the personal jurisdiction of such courts and waive any jurisdictional, improper venue, inconvenient forum, or other objections to such jurisdiction and venue.
    2. Regardless of any law to the contrary, you agree that any claim or cause of action arising under, or otherwise in connection with, these Terms must be filed within ONE (1) YEAR after such claim or cause of action arose, or else you agree that such claim or cause of action will be barred forever. Any claims or damages that you make hereunder shall only be enforceable against Face2Face, and not any other entity (such as Face2Face affiliates) or Face2Face officers, directors, representatives, employees, or agents. Moreover, if you are a consumer (as defined in the laws of your jurisdiction), these Terms are not intended to, and shall not exclude or limit any mandatory rights you may have under the consumer protection laws of your jurisdiction.
  22. Governing Law. These Terms and the relationship between you and Face2Face shall be governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflict of laws.
  23. Severability. These Terms shall constitute the entire agreement between you and Face2Face concerning the Platform. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
  24. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Nothing in these terms is intended to cancel or limit your statutory rights that cannot be canceled or limited by applicable law; however, these Terms will be interpreted and applied to the maximum extent permitted by law.
    1. If you have any questions, complaints, or claims regarding the Platform, please contact Face2Face at:

      Email: admin@f2face.ai

      Telephone: +16462860800

      Address: 1111B S Governors Ave STE 29523 Dover, DE, 19904 US

Last updated: May 15, 2025

SCHEDULE A

Mandatory Arbitration

Face2Face wants to address your concerns without the need for a formal legal dispute. Before filing a claim against Face2Face, you agree to try to resolve the Dispute informally by contacting admin@f2face.ai. If a Dispute is not resolved within 30 days after the email noting the Dispute is sent, you may initiate proceedings, as set forth in this Schedule A.

You and Face2Face agree that these Terms affect interstate commerce and that the enforceability of this Schedule A shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA"), to the maximum extent permitted by applicable law.

Unless the Parties expressly agree otherwise in writing, the arbitration shall take place in-person in New York, New York, USA, except that if telephonic or other remote electronic means are available and permissible, then you may elect to conduct the arbitration via such means. You agree that: (a) any arbitration will occur in New York, New York, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Schedule A, and (c) that the state or federal courts of New York, New York, USA have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. The arbitrator must honor the terms and conditions of these Terms (including, but not limited to, all liability exclusions and limitations), and shall not make any award or decision that is contrary to, or in excess of, what these Terms provide.

The AAA Rules are available at https://www.adr.org/Rules the AAA at 1-800-778-7879. By agreeing to be bound by this Agreement, you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.

The arbitrator's decision must be in writing and will include the essential findings and conclusions upon which the award is based. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. In the event any litigation should arise between you and Face2Face in any court in a proceeding to vacate or enforce an arbitration award, YOU AND FACE2FACE HEREBY IRREVOCABLY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the proceeding be resolved by a judge. The arbitrator may award declaratory or injunctive relief only in favor of the plaintiff/claimant and only to the extent necessary to provide relief warranted by the plaintiff's/claimant's individual claim.

Regardless of who initiates arbitration for a Dispute, you will always remain responsible for your costs relating to filing fees, counsel, experts, witnesses, and travel to the arbitration.

All aspects of the arbitration proceeding, including but not limited to the decision and award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain their confidentiality, unless (and in such cases, only to the extent) otherwise required by applicable law. This paragraph shall not prevent a party from submitting to a court any information necessary to enforce an arbitration award or to seek equitable relief.

YOU ACKNOWLEDGE AND AGREE THAT, EVEN IF ANYTHING IN THE AAA RULES PERMITS OTHERWISE AND EVEN IF YOU OPT-OUT OF THIS AGREEMENT TO ARBITRATE:
A. YOU AND FACE2FACE ARE HEREBY EACH IRREVOCABLY WAIVING THE RIGHT TO PARTICIPATE (FOR EXAMPLE, AS A CLASS REPRESENTATIVE OR CLASS MEMBER) IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER CLASS-WIDE OR REPRESENTATIVE ACTION OR PROCEEDING, AND THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY; AND
B. NO ARBITRATION WILL BE JOINED TO ANY OTHER ARBITRATION, AND THE ARBITRATOR MAY NOT CONSOLIDATE ANY INDIVIDUAL PARTY'S DISPUTE WITH ANY OTHER PARTY'S DISPUTE.

OPT-OUT: You can choose to reject this agreement to arbitrate ("Opt-out") by emailing admin@f2face.ai within thirty (30) days after the date you agree to these Terms for the first time. The Opt-out email you send to us must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number, and email address. Providing an Opt-out notice is the only way you can opt-out of this agreement to arbitrate. If you Opt-out of this agreement to arbitrate, all other provisions of the Terms will continue to apply, and you will not permitted to invoke this agreement to arbitrate to resolve any Dispute with Face2Face.

To the extent any provision of this Schedule A is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, you and Face2Face agree that the provisions of Section 23 (Severability) shall apply.