Effective as of February 28th, 2022

Terms of Service

These Terms of Service (“Agreement”) constitutes a valid and binding agreement between AppFab Uygulama Fabrikasi Yazilim A.S.  (together with its affiliates, successors and assigns “AppFab”) and you (“you,” or “your”) for the use of the FaceRecognition.io Software, as the term is defined below. You must enter into this agreement in order to install and use FaceRecognition.io Software.

AppFab may, at any time, and in its sole discretion, modify this Agreement, with or without notifying you. Any such modification will be effective immediately upon public posting. Your continued use of the FaceRecognition.io Software following any such modification constitutes your acceptance of this modified Agreement. It is your responsibility to check http://www.facerecognition.io/terms for any modifications or updates.

BY INSTALLING AND USING THE FACERECONGITION.IO SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THOSE SET FORTH IN THE PRIVACY POLICY INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE FACERECONGITION.IO SOFTWARE.

1. License Grant

Subject to the terms of this Agreement, AppFab hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to download, install and use a single copy of the FaceRecognition.io Software, including any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes, updates and upgrades provided to you (collectively, the ” FaceRecognition.io Software”), onto a network server or computer workstation for your sole use to install, interact with and utilize the FaceRecognition.io Software, including the content and features contained therein. This license may not be shared, transferred to or used concurrently on different servers or workstations.

2. License Restrictions

(a) Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the FaceRecognition.io Software or any copy thereof; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling or hacking of the FaceRecognition.io Software; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the FaceRecognition.io Software, including, without limitation, through sublicense, to any other entity without the prior written consent of AppFab; (iv) export or re-export the FaceRecognition.io Software in violation of United States export laws; ; (vi) use the FaceRecognition.io Software to, or in any way that would violate any applicable law, regulation or ordinance; (vii) collect any information or communication about the users of the FaceRecognition.io Software by monitoring, interdicting or intercepting any process of the FaceRecognition.io Software; and (viii) use any type of bot, spider virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse routing, trapdoor, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, delete, damage or disassemble the FaceRecognition.io Software. Furthermore, you may not use the FaceRecognition.io Software to develop, generate, transmit or store information that: (A) infringes any third party’s intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the FaceRecognition.io Software, (D) performs any unsolicited commercial communication not permitted by applicable law; (E) is harassment or a violation of privacy or threatens other people or groups of people; and (F) impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).

(b) The FaceRecognition.io Software contains confidential and trade secret information owned or licensed by AppFab, and you agree to take reasonable steps at all times to protect and maintain the confidentiality of such information.

(c) The FaceRecognition.io Software is incorporated into, and may incorporate, technology, software and services owned and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to AppFab to enforce any of your rights. All modifications or enhancements to the FaceRecognition.io Software remain the sole property of AppFab. AppFab reserves the right to add additional features or functions to the FaceRecognition.io Software. When installed on your computer, the FaceRecognition.io Software periodically communicates with AppFab servers. You acknowledge and agree that AppFab has no obligation to make available to you any subsequent versions of its software applications.

3. Permission to Utilize

In order to receive the benefits provided by the FaceRecognition.io Software, you hereby grant permission for the FaceRecognition.io Software to utilize the processor and bandwidth of your computer for the limited purpose of facilitating the communication between other FaceRecognition.io Software users.

4. Proprietary Rights

The FaceRecognition.io Software contains proprietary and confidential information of AppFab, including copyrights, trade secrets and trademarks contained therein, which are protected by international copyright laws. Title to and ownership of the FaceRecognition.io Software, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of AppFab and its suppliers, and except for the limited license granted to you, AppFab reserves all right, title and interest in and to the FaceRecognition.io Software. You shall not take any action to jeopardize, limit or interfere with AppFab’s ownership of and rights with respect to the FaceRecognition.io Software. You acknowledge that any unauthorized copying or unauthorized use of the FaceRecognition.io Software is a violation of this Agreement and copyright laws and is strictly prohibited.

5. Terms and Termination

(a) This Agreement will be effective as of the earlier of the date you accept this Agreement, thereby expressly agreeing to the terms and conditions set forth herein, and will remain effective until terminated by either party as set forth below. If you have not accepted this Agreement, you may not use the technology. If you have had access to this Agreement and proceed to use the FaceRecognition.io Software, AppFab will deem your continued use as an acceptance.

(b) You may terminate this Agreement at any time provided you cease all use of the FaceRecognition.io Software AND destroy or remove from all hard drives, networks, and other storage media all copies of the FaceRecognition.io Software in your possession. You will be required to pay for all usage through the date of the cancellation request. AppFab may terminate this Agreement or discontinue offering the FaceRecognition.io Software at anytime and for any purpose without notice;

(c) Upon termination of this Agreement for any reason (i) all licenses and rights to use the FaceRecognition.io Software shall terminate and you must remove the FaceRecognition.io Software from your computer equipment and dispose of all originals and copies of the FaceRecognition.io Software in your possession, and (ii) this agreement, other than Section 1 hereof, shall survive such termination. Upon termination, AppFab will delete all templates and data it stored from your usage. To be clear, if your account is terminated for any reason, and you would like to resume use of the FaceRecognition.io software, your images will have to be re-enrolled.

6. Your Representations and Warranties

(a) You represent and warrant that (i) you possess the legal right and ability to enter into this Agreement and to comply with its terms, (ii) you will use the FaceRecognition.io Software for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies, (iii) you will not attempt to decompile, reverse engineer or hack the FaceRecognition.io Software to defeat or overcome any encryption and/or other technical protection methods implemented by AppFab with respect to the FaceRecognition.io Software and/or data transmitted, processed or stored by AppFab or other users of the FaceRecognition.io Software, (iv) you will not take any steps to interfere with or in any manner compromise any of AppFab’s security measures, any other individual’s or entity’s computer on the Network and/or otherwise sharing Services, (v) you will always provide and maintain true, accurate, current and complete information as requested by AppFab, and (vi) you will only use the FaceRecognition.io Software on a computer on which such use is authorized by the computer’s owner.

(b) You agree that you will not use any automatic or manual device or process to interfere or attempt to interfere with the proper working of the FaceRecognition.io Software, except to remove the FaceRecognition.io Software from a computer of which you are an owner or authorized user in a manner permitted by this Agreement. You may not violate or attempt to violate the security of the FaceRecognition.io Software. AppFab reserves the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

(c) You understand and comply with the laws applicable to and governing the use of the features and functions of the FaceRecognition.io Software in each jurisdiction where the FaceRecognition.io Software will be used;

(d) If AppFab has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or breached, AppFab may terminate this license, deny any or all use of the FaceRecognition.io Software, and pursue any legal remedy.

7. Indemnity

You agree to indemnify, hold harmless and defend AppFab and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees, at all trial and appellate levels, and other dispute resolution expenses) incurred by AppFab arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, or (b) use or misuse of the FaceRecognition.io Software.

8. Disclaimer of Warranties

(a) THE FACERECOGNITION.IO SOFTWARE IS PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY APPFAB, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE FACERECOGNITION.IO SOFTWARE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. APPFAB FURTHER DOES NOT REPRESENT OR WARRANT THAT THE FACERECOGNITION.IO SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES APPFAB WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.

(b) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE FACERECOGNITION.IO SOFTWARE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

(c) THE FACERECOGNITION.IO SOFTWARE IS UTILIZED AND DISTRIBUTED BY THIRD PARTIES WHICH ARE UNRELATED TO APPFAB YOU ACKNOWLEDGE THAT INSTALLATION OF THE FACERECOGNITION.IO SOFTWARE WILL ALLOW THIRD PARTIES WHO ARE NOT AFFILIATED WITH APPFAB THE ABILITY TO COMMUNICATE WITH YOUR COMPUTER (“OUTSIDE PARTIES”). YOU AGREE THAT APPFAB WILL NOT BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AS STATED IN PARAGRAPH 9(A) ABOVE, RESULTING FROM ANY ACTIONS OR OMISSIONS OF THE OUTSIDE PARTIES.

(d) As some jurisdictions do not allow some of the exclusions set forth in this Section 9, some of these exclusions may not apply to you.

9. Limitation of Liability

(a) IN NO EVENT SHALL APPFAB, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR NETWORK SERVICE PROVIDERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE FACERECOGNITION.IO SOFTWARE, EVEN IF APPFAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL APPFAB BE LIABLE TO YOU FOR ANY DIRECT DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY YOU TO APPFAB DURING THE 12 MONTHS PRECEDING THE INCIDENT OR CLAIM. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. THE APPFAB SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. NEITHER APPFAB NOR ITS REPRESENTATIVE WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE, OR LOSS AND YOU WILL HOLD APPFAB HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE ABILITY TO USE THE APPFAB SERVICES TO CONTACT EMERGENCY SERVICES.

(b) As some jurisdictions do not allow some of the exclusions set forth in this Section 10, some of these exclusions may not apply to you.

10. Electronic Signatures and Agreements

You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links or methods as may be designated by AppFab to download the FaceRecognition.io Software to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, 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 THROUGH THE FACERECOGNITION.IO SOFTWARE. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.

11. Marketing

When you download or use the FaceRecognition.io Software, you grant AppFab permission to use your name, logo, mark, on its website or for any lawful purpose. You understand and agree to participate in any AppFab case studies or marketing surveys.

12. Payment Policy

When you sign up to use the FaceRecognition.io Software, we will charge your credit card a monthly prorated amount for the respective plan you’ve selected, or immediately upon the expiration of the trial period unless you manually change your plan to “Cancelled Plan”. Thereafter, we will charge your card on the 1st of every month for the full month. We do not offer full or partial refunds under any circumstance. It is your responsibility to cancel your plan or contract at the expiration of the trial period in time. We reserve the right to increase prices, change or discontinue plans at any point and in our sole discretion. We will provide you with 45 days written notice prior to instituting the change. If you wish to cancel, upgrade or downgrade plans after being notified of the change, you must do so within the 45 day period or we will assign you a new plan and bill you accordingly based on your usage.

13. Limited Storage

You understand that AppFab will store face templates according to limits defined by your subscription plan. AppFab reserves the right to charge additional fees for storage in excess of the limit and has no obligation to inform you if you exceed this amount. AppFab will bill you in the following billing cycle for additional storage used in the current month. For details on pricing for additional storage, please email info@app-fab.com.

14. General Provisions

AppFab reserves all rights not expressly granted herein. AppFab may modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement on its website located at http://www.facerecognition.io. Your continued use of the FaceRecognition.io Software shall constitute your acceptance of such revised Agreement. You may not assign this Agreement or any rights hereunder. Nothing in this Agreement shall constitute a partnership or joint venture between you and AppFab. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect. The failure of AppFab at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Agreement will be subject to the exclusive jurisdiction of any court of competent jurisdiction located in Miami-Dade County, Florida and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Agreement and any related service agreements constitute the final, complete and exclusive agreement with respect to the FaceRecognition.io Software and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. AppFab may at its sole discretion assign this Agreement to a subsidiary or sister company, without giving prior notice. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE FACERECOGNITION.IO SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO APPFAB THE RIGHTS SET FORTH HEREIN.

If you have questions about our Terms of Use, please contact us or write to:

AppFab Uygulama Fabrikasi Yazilim A.S.

Mustafa Kemal Mh. Dumlupinar Blv.

Tepe Prime Plaza No:266 A Daire:85

Cankaya / ANKARA / TURKEY