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FaceTrack by Roop Inc.

Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS APP.

By using this app, or the facetrack.app website, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this app or the facetrack.app website!

FaceTrack by Roop Inc. may revise and update these Terms and Conditions at any time. Your continued usage of the FaceTrack app (“FaceTrack App,” or the “App,”) will mean you accept those changes.

ACCEPTANCE OF TERMS OF SERVICE

By registering for and/or using Roop Services or products like FaceTrack, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site and the App by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.

THE APP/WEBSITE DOES NOT PROVIDE MEDICAL ADVICE

The contents of the FaceTrack App, and the FaceTrack website, such as text, graphics, images, information obtained from FaceTrack’s licensors, and other material contained on the FaceTrack App (“Content”) are for informational purposes only. The FaceTrack products, are over the counter products that can be purchased without the need for a medical prescription. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the FaceTrack App!

If you think you may have a medical emergency, call your doctor or 911 immediately. FaceTrack does not recommend or endorse any specific tests, physicians, prescription products, procedures, opinions, or other information that may be mentioned on the App. Reliance on any information provided by FaceTrack, FaceTrack employees, others appearing on the App at the invitation of FaceTrack, or other visitors to the App is solely at your own risk.

The App may contain health- or medical-related materials that are explicit. If you find these materials offensive, you may not want to use our App.

CHILDREN’S PRIVACY

We are committed to protecting the privacy of children. You should be aware that this App is not intended or designed to attract children under the age of 13.

CONTENT DEFINITION

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

USE OF CONTENT

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Roop or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of FaceTrack. All rights not expressly granted herein are reserved to FaceTrack and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

NOTICES AND RESTRICTIONS

The Services may contain Content specifically provided by us or our partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

USE LICENSE

Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sub-licensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

AVAILABILITY OF CONTENT

We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.

RULES OF CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; (vii) distribute information you know is false, misleading, untruthful, unlawful, or inaccurate, (viii) upload any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or (ix) otherwise take any action in violation of our guidelines and policies. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public. All orders of our products must be for personal use only. By purchasing our products, you hereby agree not to resell or distribute such products for any commercial purposes. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.

THIRD PARTY SERVICES

The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

TERMINATION

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

WARRANTY DISCLAIMER

We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; or how you may interpret or use the Content. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

The services and content are provided “as is”, “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We, and our directors, employees, agents, suppliers, partners and content providers do not warrant that: (i) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the services is free of viruses or other harmful components; or (iv) the results of using the services will meet your requirements. Your use of the services is solely at your own risk. Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services or Content in violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

LIMITATION OF LIABILITY

In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) of the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $100.00.

LIABILITY OF FACETRACK AND ITS LICENSORS

The use of the FaceTrack App by Roop Inc. and the Content is at your own risk.

When using the FaceTrack App, information will be transmitted over a medium that may be beyond the control and jurisdiction of FaceTrack and its suppliers. Accordingly, FaceTrack assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the FaceTrack App.

The FaceTrack App by Roop Inc. and the content are provided on an “as is” basis. ROOP, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

Without limiting the foregoing, FaceTrack, its licensors, and its suppliers make no representations or warranties about the following:

The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the FaceTrack App or the FaceTrack website.

The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the FaceTrack App.

In no event shall FaceTrack, its licensors, its suppliers, or any third parties mentioned on the FaceTrack App be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the FaceTrack App or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not FaceTrack, its licensors, its suppliers, or any third parties mentioned on the FaceTrack App are advised of the possibility of such damages. FaceTrack, its licensors, its suppliers, or any third parties mentioned on the FaceTrack App shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500. FaceTrack, its licensors, its suppliers, or any third parties mentioned on the FaceTrack App are not liable for any personal injury, including death, caused by your use or misuse of the App, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the App, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

USER SUBMISSIONS

The personal information you submit to FaceTrack is governed by the FaceTrack Privacy policy. To the extent there is an inconsistency between this Agreement and the FaceTrack Privacy policy, this Agreement shall govern.

ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER APPS

FaceTrack may provide links to third-party web apps. FaceTrack also may select certain apps as priority responses to search terms you enter and FaceTrack may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. FaceTrack does not recommend and does not endorse the content on any third-party apps. FaceTrack is not responsible for the content of linked third-party apps, apps framed within the FaceTrack App, third-party apps provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party apps is at your own risk and subject to the terms and conditions of use for such apps. FaceTrack does not endorse any product, service, or treatment advertised on the FaceTrack App.

INDEMNITY

You agree to defend, indemnify, and hold Roop Inc., its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

When you access the FaceTrack from any country, USA and others, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

FORCE MAJEURE

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

JURISDICTION

You expressly agree that exclusive jurisdiction for any dispute with Roop, or in any way relating to your use of the FaceTrack App, resides in the courts of Delaware, USA.

NOTICE AND TAKEDOWN PROCEDURES; AND COPYRIGHT AGENT

If you believe any materials accessible on or from the app infringe your copyright, you may request removal of those materials (or access thereto) from this app by contacting FaceTrack.

Thank you for your cooperation. We hope you find the FaceTrack App helpful and convenient to use!

MEDICAL INFORMATION DISCLAIMER SUMMARY:

  1. This document was created using a template from SEQ Legal (https://www.seqlegal.com).
  2. Our FaceTrack contains only general educational medical information.

2.2 The medical information is not advice and should not be treated as such.

  1. The medical information on our App is provided without any representations or warranties, express or implied.
  2. You must not rely on the information on our website as an alternative to medical advice from your doctor or another professional healthcare provider.

4.2 If you have any specific questions about any medical matter, you should consult your doctor or another professional healthcare provider.

4.3 If you think you may be suffering from any medical condition, you should seek immediate medical attention.

4.4 You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our App.

  1. Our application includes interactive features that allow users to communicate with us.

5.2 You acknowledge that, because of the limited nature of communication through our App’s interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.

5.3 Any assistance you may receive using any our App’s interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.

  1. Nothing in this disclaimer will:

(a) Limit or exclude any liability for death or personal injury resulting from negligence;

(b) Limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) Limit any liabilities in any way that is not permitted under applicable law; or

(d) Exclude any liabilities that may not be excluded under applicable law.

FACESCORE:

FaceScore by FaceTrack is based on various attributes like facial symmetry, skin quality, facial features (ex: the distance between the eyes, the depth of the eye sockets, the width and length of the nose, size of the lips, the length and width of the chin and jaw, the position of the cheeks). In addition to the above, a range of other factors  and deep learning is used to compute a mathematical score for your scan (from 0 to 10). It can be affected by face position, orientation, lighting and various other factors. It is an approximate score that lets you track how your face is evolving over time (higher score implying improvement). These scores are a mathematical estimate for tracking, and entertainment purpose only, and should only be viewed as such.

EFFECTIVE DATE OF TERMS OF SERVICE:

July, 2019

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