Welcome to BestFaceswap (the “App”)
These Terms of Service (the “TOS”) govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the App and our related services. For purposes of the TOS, “You” and “your” means you as the user of the App.
By downloading, updating, accessing, and/or using the App, you agree to be bound by this TOS. You understand and agree that we will treat your access or use of the App as acceptance of the TOS and our Privacy Policy. You agree that by downloading the App from the Apple Store, Google Play, or other distribution platforms (indicated or recognized by us), you are bound by the respective terms and conditions of such distribution platforms.
1. Description of Services
1.1 Services
BestFaceswap is an online face editor application that uses artificial intelligence algorithms to create unique content (“Services”). You may use BestFaceswap immediately with registration. You can choose a photo, image, GIF, or video from the respective pre-sets catalog or upload from your mobile device for face-editing processing. After uploading, you can generate new content by clicking the generating button or a similar option. Some functions may be limited if you are not a paid subscriber.
1.2 Subscription
We retain the right to provide some services only for paid subscribers. The subscription begins after the initial payment, which should be performed via the method and in the amount indicated at the time of purchase. You are responsible for payment of all fees, charges, and taxes (if required by law) related to the transaction. We are not responsible for any costs or liability arising from actions related to downloading the App from non-recognized platforms.
2. Legal Capacity
You understand and warrant that:
- If you are entering into this TOS on behalf of another person, you are duly authorized by such person to enter into this TOS.
- You are of legal age to form a binding contract with us.
- If under the legal age, you shall access or use our Services under the supervision of a parent or legal guardian.
- You are not barred from subscribing to, using, or accessing the App under the laws of the Hong Kong Special Administrative Region (HKSAR) or other applicable jurisdictions.
3. Content
3.1 Intellectual Property
We reserve all rights, title, and interest in the App and its technology, systems, and software. You retain all intellectual property rights in the materials and content you upload to the App, including modified or processed content.
3.2 License
You grant us an irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, assignable right to use any content uploaded to the App for functionality purposes. You warrant that your content does not infringe on any third-party rights.
4. Restrictions of Conduct and Content
4.1 General Restrictions
You agree not to:
- Modify, translate, adapt or reformat the App.
- Reverse-engineer, decipher, decompile, or disassemble the App.
- Interfere with any security features or access restrictions.
- Use the App to gain unauthorized access to data, systems, or networks.
- Use the App in a manner that could damage or impair our systems.
- Remove or obscure any proprietary rights notices in the App.
- Comply with all applicable laws when using the App.
4.2 Content Restrictions
You agree not to upload or share content that is:
- Unlawful, harmful, defamatory, obscene, or otherwise objectionable.
- Encourages criminal offenses or violates any party's rights.
- Infringes on intellectual property rights.
- Contains unsolicited promotions or political campaigns.
- Includes private information without consent.
- Harmful to children or contains inappropriate content.
- Contains viruses or harmful code.
- Violation of laws or contractual relationships.
We reserve the right to remove any content that violates these provisions.
5. Claims of Infringement
5.1 Copyright
If you believe that materials transmitted through the App infringe your copyright, you can request removal by providing:
- An electronic or physical signature.
- Description of the copyrighted work.
- Your contact information.
- A good-faith statement that the use is unauthorized.
- A statement made under penalty of perjury regarding the accuracy of the information.
5.2 Other Rights
For infringements of other rights, provide relevant information in writing when contacting us.
We may suspend or terminate use of the App for repeated infringements.
6. Indemnification
You agree to indemnify and hold us harmless from any loss, costs, liabilities, and expenses resulting from your breach of this TOS or infringement of any third-party rights.
7. Disclaimers; Limitation of Liability
The App is provided on an "as-is" and "as available" basis. We disclaim all warranties and representations regarding the App. We are not liable for any damages resulting from your use or inability to use the App. Our aggregate liability is limited to the greatest extent permitted by law.
8. Links to Third-Party Websites and Services
We are not responsible for any content, goods, or services available through third-party websites and services linked to the App.
9. Governing Law; Dispute Resolution
This TOS is governed by the laws of the Hong Kong Special Administrative Region (HKSAR). Any disputes shall be resolved by the courts of HKSAR.
10. Changes to this TOS
We reserve the right to update this TOS and will notify you of changes by making the revised TOS accessible through the App. Continued use of the App indicates agreement to the changes.
11. Termination; Assignment
11.1 Termination
This TOS remains effective until terminated by you or us. You may terminate by ceasing use of the App. We may terminate for any reason, with or without notice. Certain sections will survive termination.
11.2 Assignment
We reserve the right to assign, transfer, or subcontract the Services to third parties, and your continued use means consent to such assignment.
12. Miscellaneous
12.1 Validity
If any provision is found to be unenforceable, the remaining provisions remain valid.
12.2 Entire Agreement
This TOS, together with the Privacy Policy, constitutes the entire agreement and supersedes prior agreements.
12.3 Headings
Headings are for convenience and do not affect the interpretation.
12.4 Data Processing
We will collect and process your information according to the Privacy Policy.
13. Contact Us
For any questions regarding the use of the App or this TOS, contact us at [email protected].