Terms of Use

Effective as of: April 08, 2024

Welcome to FaceSwap.so!

Please read these Terms of Use ("Terms") and our Privacy Notice carefully before using the services provided by Black Technology LTD (also "FaceSwap.so," "we," "us"). These Terms form a legally binding agreement between FaceSwap.so and the User (also "you," "your") and govern your use of the website located at the domain faceswap.so (including all subdomains) ("Site") and the services accessible through the Site.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: By agreeing to these Terms, you agree, with limited exceptions, to resolve any disputes between you and FaceSwap.so through binding, individual arbitration rather than in court. For detailed information on arbitration, please review Section 9 "Governing Law and Dispute Resolution" below.

By using our Services, you agree to be bound by these Terms and the FaceSwap.so Privacy Notice "Privacy Notice"). If you do not agree with these Terms, do not access or use our Services.

Description of Services

Our Site offers a variety of services designed to enhance your experience and understanding of FaceSwap.so's offerings.

In addition to product discovery, our Site offers career and job-related information for those interested in joining the FaceSwap.so team. We keep you updated with the latest news, announcements, and developments related to FaceSwap.so and our suite of products and services. The Site also showcases potential in-app partnerships, collaborations, and integrations that may benefit users. For businesses interested in leveraging our technology, the Site provides information on business-to-business solutions offered by FaceSwap.so. From time to time, we may use the Site for other purposes which will be clearly stated.

FaceSwap.so Content

FaceSwap.so Intellectual Property. Our Services and FaceSwap.so's proprietary text, graphics, images, illustrations, trademarks, trade names, page headers, button icons, scripts, and other content contained therein ("FaceSwap.so Content") are owned by FaceSwap.so or its subsidiaries or affiliated companies and are protected by copyright, patent, trade secret, and other intellectual property laws. Except as explicitly stated in these Terms, FaceSwap.so reserves all rights in and to our Services.

Use Restrictions. You may not: (a) sell or commercially use any part of our Services; (b) copy, reproduce, distribute, publicly perform or display any part of our Services; (c) modify or create derivative works based on our Services, including, without limitation, removing any proprietary rights notices; (d) reverse engineer, decompile, disassemble, or attempt to extract the source code of the Services (unless permitted by applicable law, despite this limitation); (e) distribute, transfer, sublicense, lease, lend, or rent the Services to any third party; or (f) use our Services other than as expressly provided in these Terms. The licenses granted to you by FaceSwap.so do not cover any third-party GIFs, videos, or other content available on the Services. Any use of our Services without our prior written permission is strictly prohibited and will terminate the license granted to you under these Terms.

Prohibited Conduct and Content

FaceSwap.so is an inclusive platform created for fun, and we want users to enjoy the Services in a safe environment. We explicitly prohibit any harassment, bullying, or stalking and make every effort to build a safe and supportive community. We encourage our community to report any content they see on the Services that contradicts this rule by email.

Indemnification

You agree to indemnify and hold FaceSwap.so, its officers, directors, employees, agents, and affiliated and related entities harmless from any claims, disputes, costs, losses, liabilities, damages, expenses, and judgments of any kind, including, without limitation, reasonable legal and accounting fees arising out of or connected with (a) your access to or use of the Services, (b) your violation of these Terms.

Privacy

FaceSwap.so values your privacy and has established policies and procedures regarding the collection and use of your personal information. Please review our Privacy Notice to understand how we collect, use, and share your personal information when you use our Services.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We do not warrant the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on the Services.

Refund Policy

At Black Technology LTD., we stand behind the quality and effectiveness of our SaaS product. However, we have a strict no-refund policy for the following reasons:
  • 1. Subscription-Based Services: Our service operates on a subscription model, which means that you are paying for continuous access to our platform and its features.
  • 2. Immediate Access: Upon subscription, you receive immediate access to our services. This immediate value makes it challenging to provide refunds once the service has been utilized.
  • 3. Preventive Consideration: We encourage all potential subscribers to thoroughly review our product offerings, pricing, and terms before making a purchase decision.

While we understand that unforeseen circumstances can arise, our no-refund policy is in place to maintain the integrity of our subscription service and to keep our operational costs manageable, allowing us to continue providing a high-quality service at a competitive price.

Cancellation Policy

We understand that sometimes your needs may change, and you may wish to cancel your subscription. Here's how our cancellation process works:
  • 1. Flexibility in Cancellation: You can cancel your subscription at any time by following the cancellation process outlined in your account settings.
  • 2. Continued Service Post-Cancellation: Once you have initiated the cancellation process, your service will remain active for the remainder of the current billing period. You will not be charged again after the current period ends.
  • 3. No Partial Refunds: Since our service is provided on a subscription basis, we do not offer partial refunds for the unused portion of the billing period.
  • 4. Data Retention: Please note that upon cancellation, you will have a limited time to export your data from our platform. After this period, your data may be deleted and will not be recoverable.

To cancel your subscription, simply log into your account, navigate to the subscription management section, and follow the prompts to cancel your service.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER FACESWAP.SO NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FACESWAP.SO OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT SHALL FACESWAP.SO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO FACESWAP.SO FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FACESWAP.SO. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FACESWAP.SO AND YOU.

Links to Third Party Websites

The Services provided by FaceSwap.so may include links to third-party websites, services, and other resources. It is important to note that such links do not constitute an endorsement or recommendation by Black Technology LTD. We do not vouch for the safety or reliability of these external sites and are not responsible for the content or services provided on those sites. Black Technology LTD assumes no liability for any damage or loss, directly or indirectly, resulting from the use of content, goods, or services available on or through those third-party websites and services.

Governing Law and Dispute Resolution

FaceSwap.so values your privacy and has established policies and procedures regarding the collection and use of your personal information. Please review our Privacy Notice to understand how we collect, use, and share your personal information when you use our Services.

Mandatory Arbitration of Disputes. Both parties agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively,"Disputes") shall be resolved exclusively through binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. You and FaceSwap.so agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and both you and FaceSwap.so waive the right to a trial by jury or to participate in a class action. This arbitration provision shall survive the termination of these Terms.

Exceptions. As limited exceptions to Section 9(a) above: (i) both parties may seek to resolve a Dispute in small claims court if it qualifies; and (ii) both parties retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of intellectual property rights.

Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("AAA Rules") then in effect, as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party wishing to initiate arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless you both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.

Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, and FaceSwap.so will not seek to recover the administration and arbitrator fees it is responsible for paying, unless the arbitrator finds your Dispute frivolous. If FaceSwap.so prevails in arbitration, it will pay all of its attorneys' fees and costs and will not seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.

Injunctive and Declaratory Relief. Except as provided in Section 9(b) above, the arbitrator shall determine all issues of liability based on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

Class Action Waiver. YOU AND FACESWAP.SO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then Section 9(b), (c), (d), (e), (f), and (g) shall be null and void.

Changes to our Terms

We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, and/or may also send other communications. It’s important that you review the Terms whenever we update them, or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore.

Termination

We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email.Upon any termination, discontinuation, or cancellation of the Services or your account, the following Sections will survive: 2(a), 3, 7, 9, 12, 13.

Severability

With the exception of any of the provisions in Section 9(g) of these Terms ("Class Action Waiver), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

General Terms

Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between FaceSwap.so and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between FaceSwap.so and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without FaceSwap.so’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. FaceSwap.so may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Notices. Any notices or other communications provided by FaceSwap.so under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Waiver of Rights. FaceSwap.so’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FaceSwap.so. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.