Terms of Service

1. Eligibility

You must be at least 18 years of age (or the age of legal majority in your jurisdiction) to use our services. By using Facemint, you represent and warrant that you meet this age requirement. We do not knowingly provide services to individuals under 18. If we discover that a user is under 18, we will immediately terminate their account and delete all associated data.

2. Account Registration and Security

To access our API, you must create an account. You agree to:

• Provide accurate, current, and complete registration information.
• Maintain the security and confidentiality of your API keys and login credentials.
• Immediately notify us of any unauthorized access to or use of your account.
• Accept full responsibility for all activities that occur under your account, whether authorized by you or not.

We reserve the right to suspend or terminate accounts that contain false or misleading information, or that are used in violation of these Terms.

3. Permitted Use

You may use the Facemint API to integrate face-swapping functionality into your applications, including support for video, image, and GIF formats. All usage must comply with applicable laws, regulations, and these Terms. You are solely responsible for ensuring that your use of the API, and any content processed through it, does not violate the rights of any third party.

4. Prohibited Uses and Content

You expressly agree that you will NOT use Facemint services for any of the following purposes. Violation of this section will result in immediate account termination, forfeiture of any remaining credits, and may result in legal action and/or referral to law enforcement authorities.

4.1 Pornographic, Sexual, and NSFW Content

• Creating, distributing, or facilitating any pornographic, sexually explicit, or NSFW (Not Safe For Work) content.
• Generating non-consensual intimate imagery (NCII), including "deepfake pornography" or any synthetic sexual content depicting real individuals.
• Creating sexual or suggestive content involving minors in any form. This constitutes child sexual abuse material (CSAM) and will be reported to the National Center for Missing & Exploited Children (NCMEC), the Internet Watch Foundation (IWF), and relevant law enforcement agencies worldwide.
• Using face swap technology to place any person's likeness into sexually explicit, nude, or suggestive contexts without their explicit, verified, written consent.

4.2 Privacy Violations and Identity Abuse

• Using another person's likeness, face, or identity without their informed and explicit consent.
• Creating content that impersonates real individuals for the purpose of deception, fraud, or identity theft.
• Generating synthetic media intended to mislead others into believing that a real person said, did, or endorsed something they did not.
• Stalking, doxing, or harassing any individual through the use of face swap technology.
• Collecting, processing, or storing biometric data (including facial features) of individuals without their knowledge and consent, in violation of applicable biometric privacy laws (including but not limited to BIPA, GDPR, and CCPA).

4.3 Fraud, Deception, and Misinformation

• Creating deepfake content intended to deceive, defraud, or manipulate public opinion.
• Generating synthetic media for political manipulation, election interference, or propaganda.
• Producing fraudulent identity documents, forged video evidence, or any content intended to bypass identity verification or KYC (Know Your Customer) processes.
• Using face-swapped content to commit financial fraud, insurance fraud, or any form of scam.
• Creating fake news, disinformation, or misleading content that could cause public harm.

4.4 Harassment, Bullying, and Harmful Content

• Creating content intended to harass, threaten, bully, intimidate, humiliate, or defame any individual or group.
• Producing content that promotes hatred, discrimination, or violence against any individual or group based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic.
• Generating revenge content or content intended to cause emotional distress to a specific person.
• Creating content that promotes or glorifies terrorism, extremism, or violent radicalization.

4.5 Illegal Activities

• Any use that violates applicable local, state, national, or international law or regulation.
• Facilitating or promoting any criminal activity, including but not limited to fraud, extortion, blackmail, or money laundering.
• Circumventing, disabling, or interfering with security-related features of our services.
• Reverse-engineering, decompiling, disassembling, or otherwise attempting to derive the source code of our API or services.
• Using automated means (bots, scrapers, etc.) to access our services in a manner that exceeds normal usage or bypasses rate limits.
• Reselling, sublicensing, or redistributing our API access without prior written authorization.

4.6 Intellectual Property Infringement

• Using copyrighted materials, trademarks, or other proprietary content without authorization from the rights holder.
• Creating content that infringes on the publicity rights, personality rights, or image rights of any individual.
• Reproducing, distributing, or commercially exploiting content generated using our API in violation of intellectual property laws.

5. Consent Requirements for Face Swap Content

When using Facemint services, you represent and warrant that:

• You have obtained explicit, informed consent from every identifiable individual whose likeness appears in any media you upload or process through our API.
• You have the legal right or authorization to use all media content submitted to our services.
• You will not use our services to process images of individuals who have expressly objected to the use of their likeness.
• You will maintain records of consent obtained and will provide proof of consent upon our request.
• If you use our API in a commercial product or service, you are responsible for implementing your own consent mechanisms and informing your end users that face swap technology is being applied.

6. Content Moderation and Enforcement

Facemint reserves the right, but is not obligated, to monitor, review, and moderate content processed through our services. We may, at our sole discretion:

• Employ automated detection systems to identify prohibited content, including NSFW material, CSAM, and other policy violations.
• Refuse to process, remove, or disable access to any content that violates these Terms.
• Immediately suspend or permanently terminate accounts that violate our policies, without prior notice and without refund.
• Report illegal content and associated account information to law enforcement authorities, including but not limited to NCMEC, FBI, Interpol, and other relevant agencies.
• Cooperate fully with law enforcement investigations and comply with valid legal processes, including court orders and subpoenas.
• Retain evidence of violations as required by law or as necessary to protect our rights and the rights of third parties.

7. Fair Usage and Rate Limits

We may impose limits on your use of the API, including rate limits, storage limits, and processing quotas. We reserve the right to limit or restrict API usage at our discretion, especially in cases of abuse, excessive traffic, or suspected violations of these Terms. High-volume usage may require a separate commercial agreement.

8. Fees and Payments

Some features or usage tiers of the API may require payment. All fees are clearly disclosed on our pricing page. By using paid features, you agree to the applicable pricing and payment terms. All payments are non-refundable except as expressly stated in these Terms or as required by applicable law.

• Credits or balances forfeited due to account termination for Terms violations are non-refundable.
• We reserve the right to change our pricing with reasonable notice to existing users.
• You are responsible for all applicable taxes related to your use of paid services.

9. Intellectual Property

All technology, algorithms, models, documentation, branding, and content related to the Facemint API and website remain the exclusive property of Facemint. You may not copy, modify, reverse-engineer, decompile, or replicate any part of our services without prior written permission.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the API solely in accordance with these Terms and our documentation.

10. User Content and Data

You retain ownership of any media you upload or process via our API. We do not claim ownership of your content. However:

• We do not use your uploaded content for AI model training or share it with third parties.
• All uploaded and processed content is automatically deleted within 24 hours of processing.
• You grant us a limited, temporary license to process your content solely for the purpose of delivering the requested service.
• You are solely responsible for ensuring that you have all necessary rights, licenses, and consents for all content you submit.

11. DMCA and Copyright Complaints

Facemint respects the intellectual property rights of others. If you believe that content processed through our services infringes your copyright, you may submit a notice to our designated agent at [email protected] containing:

• A description of the copyrighted work you claim has been infringed.
• A description of where the infringing material is located.
• Your contact information (name, address, email, phone number).
• A statement that you have a good faith belief that the use is not authorized by the copyright owner.
• A statement, under penalty of perjury, that the information in your notice is accurate.
• Your physical or electronic signature.

12. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FACEMINT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use of or inability to use our services.
• Any unauthorized access to or use of our servers and/or any personal information stored therein.
• Any interruption or cessation of transmission to or from our services.
• Any bugs, viruses, or other harmful code that may be transmitted through our services.
• Any content processed through our services, whether based on warranty, contract, tort, or any other legal theory.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless Facemint, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of our services.
• Any content you upload, process, or distribute using our services.
• Your violation of these Terms or any applicable law or regulation.
• Your violation of any rights of a third party, including intellectual property, privacy, or publicity rights.

15. Termination

We reserve the right to suspend or terminate your access to our services at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms, including the Prohibited Uses section.
• Conduct that we determine, in our sole discretion, is harmful to other users, third parties, or our business.
• Non-payment of fees owed.
• Requests from law enforcement or government agencies.
• Extended periods of inactivity.

Upon termination, your right to use our services ceases immediately. We may delete your account data in accordance with our data retention policies. Sections 4, 12, 13, 14, 16, and 17 shall survive termination.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any dispute arising from these Terms or your use of the services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

YOU AGREE THAT ANY DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT THROUGH CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

17. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Facemint regarding the use of our services.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or the right to enforce it in the future.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights without restriction.
• Notices: We may provide notices to you via email, through the dashboard, or by posting on our website. You may contact us at [email protected].

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or a prominent notice on our website at least 30 days before the changes take effect. Your continued use of the API after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our services.

19. Reporting Violations

If you become aware of any content or use of our services that violates these Terms, we encourage you to report it immediately. We take all reports seriously and will investigate promptly.

• General violations: [email protected]
• CSAM or child exploitation: We will immediately report to NCMEC, law enforcement, and other appropriate authorities.
• Copyright complaints: [email protected]

20. Contact Us

For any questions or concerns regarding these Terms, please contact us at: