TERMS OF SERVICE
Last Updated: November 8th, 2023
These Terms of Service ("Terms", "Terms of Service") are entered into by and between Luxand, Inc., A Virginia Corporation ("Luxand", "Company", "Us", "FacePiercingApp", "FacePiercingApp.com"), and its Users and visitors to the website or service "FacePiercingApp.com", and together with the Privacy Policy, govern those persons' access to the Services, as well as any content or functionality of the Services, whether as a visitor or a User. By accessing or using the FacePiercingApp.com website or service ("the Service"), including any content or functionality thereof, you agree to be bound by these Terms, which also incorporate our Privacy Policy.
In the context of these Terms, references to "customer", "client", "you", or "your" shall mean the individual who accesses, uses, and/or participates in the Website in any manner, including their heirs, assigns, and successors. If you are using the Website on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, your acceptance of the Terms will be considered as acceptance by the respective entity, and the terms "you" and "your" herein shall refer to that entity.
THE SERVICE PROVIDED BY FACEPIERCINGAPP.COM SHOULD BE USED FOR ENTERTAINMENT PURPOSES ONLY. FACEPIERCINGAPP.COM IS NOT LIABLE FOR HOW THIS SERVICE AND THE GENERATED PHOTOS ARE USED. FACEPIERCINGAPP.COM DOES NOT OFFER REAL PIERCING PROCEDURES AND STRONGLY ADVISES CONSULTING WITH A DOCTOR AND CERTIFIED PIERCING PROFESSIONALS BEFORE GETTING A PIERCING.
By accessing or using the Service, you agree to comply with and be bound by these Terms of Service outlined in this user agreement ("the Terms" or "the Agreement"), regardless of whether you become a registered user of the Service. Failure to adhere to these Terms and the accompanying Privacy Policy may subject you to civil and criminal penalties.
1. Service. The company offers an online piercing generator (simulator) application ("Service"), which allows users to create Artificial Intelligence ("A.I.") generated photos with a piercing applied to uploaded photos. To create a photo with a piercing, users must upload their picture to the website. Photos with a piercing applied are generated with the help of A.I. by analyzing the uploaded user photos. The accuracy of the photo result depends on the quality of the uploaded photos and recognized facial features.
2. Accounts and Security. To access the Services, you must have an account. You must maintain and are responsible for the confidentiality of your login and password. If requested, you must provide us with a form of identification to verify your identity.
a. You may not use our Services if:
b. Children are not eligible to use our Services, and we ask that anyone under the age of 18 years old not submit any personal information to us. Our Services are not directed at anyone under the age of 18 years old. We also do not collect or maintain personally identifiable information from those Users who we know are under the age of 18 years old. Should we learn or be notified that we have collected information from Users under the age of 18 years old, we will immediately delete such personally identifiable information.
c. You have previously been banned from using our Services or similar services.
3. Conditions Of Access.
a. You shall select a username when signing up for our Services.
b. You shall abide by all Terms of Service and our Privacy Policy.
c. You may be required to verify that each party is consenting to Services.
d. When you sign up, you will become a Member of the particular brand of the Services for which you have registered.
e. Your login information shall be personal and confidential. Each Member shall keep them confidential and undertakes not to notify or disclose them to third parties or other Members to prevent fraud or phishing.
f. All Users undertake not to use another Member’s login information or any other personal information of another User.
g. Any breach of these provisions may lead to the cancellation of a Member’s Membership.
h. Each Member shall take care not to disclose strictly personal information.
i. We will take any necessary measures to halt fraudulent behavior.
j. Each User undertakes not to carry out any action likely to hinder the operation of the Services and undertakes not to disseminate or arrange for the dissemination of viruses, spam, logic bombs, software Websites, etc.
4. Paid Features. You may purchase a paid Membership for one or more of the products offered by the Company. Your paid Membership will only give you access to the particular Company product for which you have registered. You will not be a Member of those other Services without registering for them specifically.
a. The price and payment procedures are permanently accessible on the Websites.
b. All prices stated include all relevant local taxes.
c. We reserve the right to change the cost of any of our Services. If you are not happy with the cost of any Services, you may cancel your Membership in accordance with these Terms of Use.
d. To the extent permitted by applicable laws and regulations, no refunds will be offered (except in exceptional circumstances such as major service failures). There will be no refund of any payment made by you for a paid Membership if you haven’t canceled your contract according to these Terms of Use.
5. Trial Period. FacePiercingApp.com provides users with a 3-day free trial subscription to access all premium features, which include but are not limited to applying piercing to uploaded photos, storing photos, and more.
a. During the trial period, users may observe a temporary charge of $0.00 to $1.00 in their bank account or transaction report after initiating the free trial. This charge serves as a card authorization fee, which will be held temporarily and released back to the user upon the conclusion of the trial period.
b. After 3 days, if the subscription is not canceled, the user is charged the weekly price, as listed on the website before the subscription started, on a recurring basis. Recurring subscription payments will be charged via Apple Pay, Google Pay, or another Company authorized service when the 3-day free trial ends.
6. Automatic Renewal. We automatically renew all paid Memberships before the expiration of the term of the paid Membership (where permitted by applicable law). When you first subscribe for your paid Membership, you acknowledge that when your paid Membership expires it will automatically renew for the duration and at the cost indicated to you at your initial purchase. Where required by applicable law, the renewal date will be specified in a renewal notice provided to you. IF YOU DO NOT WANT YOUR PAID MEMBERSHIP TO AUTOMATICALLY RENEW, YOU MUST CANCEL YOUR PAID MEMBERSHIP IN ACCORDANCE WITH THE PROCESS SET OUT BELOW IN THESE TERMS OF USE.
7. Cancellation Of Automatic Renewal. If you are a paying Member and you did not cancel your subscription you may apply for cancellation at the latest 24 hours before the date of renewal of the subscription. If you cancel your paid membership less than 24 hours before the expiry of the term of your paid Membership, YOUR PAID MEMBERSHIP WILL BE AUTOMATICALLY RENEWED IN ACCORDANCE WITH THESE TERMS OF USE (WHERE ALLOWED BY APPLICABLE LAW).
a. THE CANCELLATION OF YOUR PAID MEMBERSHIP WILL BE EFFECTIVE IMMEDIATELY. NO REFUND IS APPLICABLE UNLESS APPLICABLE LAW OR THESE TERMS OF USE ARE OTHERWISE PROVIDED.
8. Cancellation Of Your Membership by The Company. If we cancel a Member’s Membership for that Member’s breach of these Terms of Use, the Member shall not be entitled to a refund for the period remaining to elapse until the expiry of the account, without prejudice to any damages sought by us as compensation for the loss suffered.
a. If we cancel a Member’s Membership in its sole discretion for reasons other than that Member’s breach of these Terms of Use, the Member may be entitled to a refund for the period remaining to elapse until the expiry of the account, if requested by a Member additionally.
9. Your Personal Data Rights & General Data Protection Regulation (GDPR), CCPA (California), DPA (United Kingdom), LGPD (Brazil), DCIA (Canada), NZPA (New Zealand), APA (Australia), LPDP (Turkey). How we use your data and your data privacy rights are covered under our Privacy Policy and are hereby integrated into these Terms of Service. If you have questions concerning your data rights and our obligations under the GDPR please consult our Privacy Policy. Our Privacy Policy covers a variety of information about your data rights including but not limited to our obligations and rights as a processor, obligations and rights of the controller, subject matter of data processing, duration of data processing, nature and purpose of data processing, type of personal data collected, categories of data subjects collected, and special categories of personal data collected.
In case of a personal data removal request, please contact us at support@facepiercingapp.com. Once the data removal request is processed, you will receive a confirmation message to your email address.
10. Content Rights and Licenses. The Services, and all Content other than User Content and all software available on the Services or used to create and operate the Services, is and remains the property of the Company, and is protected under the Copyright Act of 1976, as amended, and other intellectual property laws of the United States and any foreign jurisdiction where the Services are accessed, and all rights to the Services, such Content, and such software are expressly reserved.
a. All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Services are the property of their respective owners.
b. You must not use such marks without the prior written permission of the owner of the marks. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Company.
11. Limited License to Copy Content. Company grants to Users a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy, and print the portions of the Content available to Users on the Services.
a. Such license is subject to these Terms of Service, and specifically conditioned upon the following:
b. Users may only view, copy, and print such portions of the Content for their own personal use;
c. Users may not modify or otherwise make derivative works of the Services or Content, or reproduce, distribute, or display the Services or any Content (except for page caching) except as expressly permitted in these Terms of Service;
d. Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
e. Users may not use the Services or Content other than for their intended purposes;
f. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Service may be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise;
g. Company may revoke this license at any time for any reason or no reason, and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.
12. Intellectual Property. Users may not engage in any activity on or through the Services, including transmitting or using User Content that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights.
- We will respond to legitimate requests made pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") and trademark law, and we retain the right to remove Content from the Services that Company believes in good faith infringes on any third party’s intellectual property rights upon notice from the owner of such intellectual property, or their agent.
13. Third-Party Integration. In providing the Service, Company may make available various third-party tools to process payments. These are processed respectively by Apple Pay (App Store) and Google Pay and are subject to their respective terms and conditions. The company is not responsible for the performance of any third-party services or the security of their service. FacePiercingApp.com does store payment processing information and such billing data may be stored by our payment processor (Stripe). Please review Stripe’s Terms of Services for any questions regarding the storing of your billing information.
14. Changes. The Company may update and amend these Terms of Service at any time and the Company will make the updated Terms of Service available through the Services. You understand and agree that you will be deemed to have accepted the updated Terms of Service if you use the Services after the updated Terms of Service are made available to you. If at any point you do not agree to any part of the Terms of Service in operation, you should immediately stop using the Services.
a. You acknowledge and agree that the Company may make changes to, or stop providing, the Services, or restrict your use of Services, at any time without notifying you in advance.
- You acknowledge and agree that the Company can disable or deny you access to the Services, without notifying you in advance, for any reason or no reason including, without limitation, for any violation of these Terms of Service and/or if the Company suspects that you have used any aspect of the Services to conduct any fraudulent or illegal activity.
15. Permitted and Restricted Uses.
a. Website can be used only for lawful purposes by Users of the Website. You may not use any meta tags or any various other "unseen text" utilizing Company's name or trademarks without the express written consent of the Company.
b. You agree not to offer or modify any content found on the Website consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of Company, in another way that is likely to trigger confusion among consumers, that disparages or challenges Company or its licensors, that dilutes the strength of Company's or its licensor's residential property, or that otherwise infringes Company's or its licensor's copyright rights.
c. Any code that the Company develops to generate or show any Material of the pages making up the Site is likewise secured by Company's copyright, and you may not copy or adjust such code. Users further agree not to decompile, disassemble, or otherwise Reverse Engineer any product or service or any part thereof.
d. This license does not allow the use of the materials in printed or electronic items, non-fungible tokens (NFTs), synthetic personas, metaverse avatars, virtual influencers, and other items aimed to be resold, in which the Company Content is the main element or one of the main elements.
DISPUTE PROCESS
16. Assumption of Risk. You are solely responsible for ensuring that your use of the Services complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits, or grievances filed against you, including, but not limited to, all damages related to your use of the Services.
17. Process
a. Contact Us - You agree to contact us with your complaint prior to filing for any arbitration.
b. File Complaint - You and Company agree that any dispute must be commenced or filed by you or Company within one (1) year of the date the dispute arose, otherwise the underlying claim is permanently barred (which means that you and Company will no longer have the right to assert such claim regarding the dispute).
c. Arbitration - You and Company agree that (a) any arbitration will occur in the State of Virginia, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services, which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Virginia and the United States, respectively, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
18. California Civil Code Section 1789.3 Compliance. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Company must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to support@facepiercingapp.com
19. Communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Service, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Service.
20. Disclaimer of Warranties. THE COMPANY DOES NOT WARRANT THAT ANY CONTENT ON THE SERVICE, DOCUMENT, OR FEATURE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE CONTENT OF THIS SERVICE COULD INCLUDE TECHNICAL INACCURACIES. THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE.
a. COMPANY DOES NOT VERIFY FOR ACCURACY ANY INFORMATION PROVIDED TO US FROM THIRD PARTIES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND THEREFORE THIS DISCLAIMER WOULD NOT BE APPLICABLE IN THOSE JURISDICTIONS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION, IS TO STOP USING THE SERVICE OR ANY SUCH CONTENT.
b. UNLESS SPECIFICALLY WARRANTED ABOVE, COMPANY DOES NOT GRANT ANY RIGHT OR MAKE ANY WARRANTY WITH REGARD TO THE USE OF NAMES, PEOPLE, TRADEMARKS, TRADE DRESS, LOGOS, REGISTERED, UNREGISTERED OR COPYRIGHTED AUDIO, DESIGNS, WORKS DEPICTED OR CONTAINED IN THE CONTENT. IN SUCH CASES, YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER RELEASE(S) IS/ARE REQUIRED IN CONNECTION WITH YOUR PROPOSED USE OF THE CONTENT, AND YOU ARE SOLELY RESPONSIBLE FOR OBTAINING SUCH RELEASE(S). YOU ACKNOWLEDGE THAT SOME JURISDICTIONS PROVIDE LEGAL PROTECTION AGAINST A PERSON’S IMAGE, LIKENESS OR PROPERTY BEING USED FOR COMMERCIAL PURPOSES WHEN THEY HAVE NOT PROVIDED A RELEASE. YOU ARE ALSO SOLELY RESPONSIBLE FOR PAYMENT OF ANY AMOUNTS THAT MAY BE DUE UNDER, AND COMPLIANCE WITH ANY OTHER TERMS OF, ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENTS AS A RESULT OF YOUR USE OF THE LICENSED CONTENT.
c. WHILE COMPANY HAS MADE REASONABLE EFFORTS TO CORRECTLY CATEGORIZE AND RECORD GRANTS OF EXCLUSIVITY FOR COMMERCIAL USE OF LICENSED CONTENT, COMPANY DOES NOT WARRANT OR GUARANTEE EXCLUSIVITY IN RESPECT TO EDITORIAL USE OF LICENSED CONTENT. ALL SUCH GRANTS OF COMMERCIAL EXCLUSIVITY DO NOT PRECLUDE PRIOR, CONCURRENT, OR SUBSEQUENT LICENSES GRANTED FOR EDITORIAL USAGE OF THE SAME CONTENT.
21. Limitation of Liability. To the fullest extent permitted by applicable law, in no event shall the Company parties be liable for any indirect, special, incidental, or consequential damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets, or damages for business interruption) arising out of or in any way related to the access to or use of the Services or content (including, but not limited to, user content, third party content and links to third party Services), or the order, receipt or use of any product, or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from any Company party, or from events beyond the Company parties’ reasonable control, such as Service interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Company parties’ records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed) or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable). To the extent that a Court of Law decides the Company is responsible for any damages, users agree that any award for damages shall not exceed the total amount of payments paid by the user during the previous one-year period to the Company in connection with the services relating to such liability.
22. Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”), from and against all actual or alleged Company Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to:
a. Any use or misuse of the Services, Content or Services by you or any third party you authorize to access or use such Services, Content or Services;
b. Any User Content you create, post, share or store on or through the Services or our pages or feeds on third-party social media platforms;
c. Any Feedback you provide; and,
d. Your violation of these terms, and your violation of the rights of another.
e. Indemnification of Company by you. You agree to defend, indemnify and hold harmless the Company and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with (i) your use of any content outside the scope of this agreement; (ii) any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this or any other agreement with Company; and (iii) your failure to obtain any required release for your use of content.
23. Children. This Service is not directed at individuals under the age of eighteen (18) in the State of Virginia. The company does not knowingly collect personal information from any individual under the age of eighteen (18) in the State of Virginia at this Service.
24. Entire Agreement. These Terms of Service incorporate by reference any notices contained in the Services, including within the Privacy Policy and Earning Disclaimer, and constitute the entire agreement with respect to access to and use of the Services, Services, and Content.
25. Severability. If any provision of these Terms of Service is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
26. No Waiver. No waiver of any provision hereof shall be valid unless in writing and signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
27. No Class Actions. You and Company agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals.
28. Governing Law and Venue – Virginia. Any Dispute between the parties that is not subject to arbitration, shall be resolved in the state or federal courts of the State of Virginia and the United States, respectively, sitting in the State of Virginia.
29. Contact Us:
Luxand, Inc.
815 N. Royal St. Suite 202
Alexandria, VA 22314