Terms of use    

Last amended: August 15, 2024

Welcome to FaceTrix!

Please read carefully these Terms of Use (“Terms”) and our Privacy Notice before using the services offered by Mobicraft Teknoloji A.Ş. (also “FaceTrix”, “we”, “us”). These Terms constitute a legally binding agreement between FaceTrix and User (also “you”, “your”), which regulates your use of the services accessible via the FaceTrix mobile application (“App”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND FaceTrix THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 14 “GOVERNING LAW AND DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

By using our Services, downloading the App from the Apple App Store or other platform, installing the application, you agree to be bound by these Terms and FaceTrix Privacy Notice (“Privacy Notice”). If you do not agree to these Terms, do not access or use our Services.

1. Description of Services

The FaceTrix Services comprise an online synthetic media application that uses artificial intelligence algorithms to generate a unique content.

Find a Pattern. To begin, you may choose a picture, a GIF or a video by finding them available within a library of third-party GIFs, videos, images and other such content (“Pre-sets Catalog”) for generating the content. You may also choose a picture, a GIF or a video from the gallery on your device.

• Upload. Then you may upload a GIF, video, image, photo or picture with faces from your mobile device in the supported format and file size (“Face Content”).
• Swap. After the first two steps are successfully completed, you may click the button “FaceTrix” or any other similar option. FaceTrix artificial intelligence algorithms scan either a picture, a GIF or a video and a chosen image, find the faces and instantly swap them into a new object – a picture, a GIF or a video (“Generated Content”).
• Share & Download. You may share the Generated Content with others via social media, e-mail or otherwise via the functionality of the Services and/or download it directly to your device. You understand and agree that if you choose to share the Generated Content, it becomes publicly available and may be seen by anyone within the App.
• Scope of the Services. FaceTrix reserves the right to change the functionality of the Services and change/introduce prices and fees applicable to the Services at any time for any reason in its sole discretion and without advance notice.
• Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

2. Who Can Use the Services

You must be at least 13 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory), and not otherwise barred from using the Services under applicable law to access or use our Services. For certain features of the Services you will need an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account.

3. FaceTrix Content

• FaceTrix Intellectual Property. Our Services and FaceTrix’s proprietary text, graphics, images, illustrations, trademarks, trade names, page headers, button icons, scripts and other content contained therein (“FaceTrix Content”) are owned by FaceTrix or its subsidiaries or affiliated companies, and is protected by copyright, patent, trade secret and other intellectual property laws. Except as explicitly stated in these Terms, FaceTrix reserves all rights in and to our Services.
• License. If you comply with these Terms, FaceTrix hereby grants you a limited, worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your own personal non-commercial purposes.
• Use Restrictions. Except as expressly permitted in these Terms, you may not: (a) sell or commercially use any part of our Services; (b) copy, reproduce, distribute, publicly perform or publicly 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 applicable law permits, 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 FaceTrix does not cover any third-party GIFs, videos, or other content available on the Services. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted to you under these Terms.

4. User Content

• Posting Content. Our Services may allow you to store or share content such as files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services including, without limitation, Face Content, Generated Content and your content contributions to the Pre-sets Catalog, is referred to as “User Content”. FaceTrix does not claim ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
• Permissions to Your User Content. By making any User Content available through the Services you hereby grant FaceTrix a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.
• Your Representations and Warranties. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by FaceTrix on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
• Your Responsibility for User Content. You hereby acknowledge that you are solely responsible for your User Content. The information and materials in the User Content, including User Content that includes FaceTrix Content, have not been verified or approved by us. The views expressed by other users on the Services do not represent our views or values. We accept no liability in respect of any content submitted by users.
• Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
• Sharing User Content. If you share the Generated Content publicly through the Services or in any other way, you acknowledge that such content will be accessible to others. Any such content will be considered non-confidential and non-proprietary. Please do not submit or post any User Content that you do not want to be publicly accessible or viewable.

5. Usage Standards

This application and its Content cannot be used illegally or for any purpose prohibited in these terms of usage, nor can they be used to infringe on the legal rights and interests of other persons or organizations. We reserve the right to bar any such activity. In serious cases, we reserve the right to block your account.Including but not limited to:

1. Do not promote, coordinate or engage in harassment. We do not allow any type of harassing behaviour, including sustained bullying, sexual harassment, ban or block evasion, or coordinating server joins for the purpose of harassing server members.
2. Do not threaten to harm another individual or group of people. This includes direct, indirect and suggestive threats.
3. Do not share or threaten to share the personally identifiable information  of an individual without consent. This includes providing services that facilitate doxxing, such as buying or selling doxxes or compiling doxxes for others.
4. Do not use hate speech or engage in other hateful conduct. This includes the use of hate symbols, imagery and claims that deny the history of mass human atrocities.
5. Do not organise, promote or support violent extremism. This also includes coordinating violent acts; glorifying or promoting violence or the perpetrators of violent acts; and promoting conspiracy theories that could encourage or incite violence against others.
6. Do not solicit, share or make any attempt to distribute content that depicts, promotes or attempts to normalise child sexual abuse. Also, do not post content or engage in conduct that in any way sexualises children. This includes real as well as manipulated media, animation (such as lolicon) and any type of digital creation
7. Do not share, distribute or create sexually explicit or sexually suggestive content of other people without the subject’s consent. This includes the non-consensual distribution of intimate media that was created either with or without an individual’s consent.
8. Do not share content that glorifies, promotes or normalises suicide or other acts of physical self-harm. This includes content that encourages others to cut, burn or starve themselves, as well as content that normalises eating disorders, such as anorexia and bulimia. Self-harm acts or threats used as a form of emotional manipulation or coercion are also prohibited.
9. Do not share real media depicting gore, excessive violence or animal harm, especially with the intention to harass or shock others.
10. Do not share content that violates anyone’s intellectual property or other rights.
11. Do not organise, promote or engage in the selling or facilitation of sales of regulated or potentially dangerous goods.
12. Do not coordinate or participate in illegal gambling. Users are responsible for complying with applicable gambling laws and regulation.
13. Do not organise, promote or engage in any other illegal activity, such as human trafficking or sexual solicitation.
14. Do not use the Services to generate images for political campaigns, or to try to influence the outcome of an election.
15. Do not use the Services or the Assets to attempt to or to actually deceive or defraud anyone.

You shall not use any form of device, program, or algorithm, including spiders, robots, deep-links, and page-scrapes, or any identical or similar manual program, to access, obtain, copy, or monitor any part of this application or its Content. Additionally, you shall not visit, obtain, or copy any materials, documents, or information on this application by any method not provided by this application.

You shall not attempt to illegally access, decode, or use any other illegal methods to gain unauthorized access to this application, its Content, or its services. You shall not trace, reverse lookup, decrypt, or decode any customer information on this application, including but not limited to the ID's of users other than yourself.

You shall not violate any of the security mechanisms or authentication measures utilized by or linked to this application. You shall not probe, scan, or otherwise test for any network weaknesses of this application or those linked to it, nor launch any form of attack against it.

You agree not to use any device, software, or program to interfere or attempt to interfere with the regular operation of this application or any transactions performed on this application, or to interfere or attempt to interfere with the use of this application by others. You shall not undertake any actions that store unreasonable or disproportionate amounts of data on this application’s infrastructure, system, or network, or on systems or networks that are linked to this application.

6. Prohibited Conduct and Content

FaceTrix is an inclusive platform created exclusively for fun and we want users to have fun in a safe space using the Services. We explicitly prohibit any harassment, bullying, or stalking and make every effort to build a safe and supportive environment for our community. We encourage our community to report any content that they see on the Services that they believe contradicts or violates these guidelines via our App or by email (info@mobicraft.net).

7. Monitoring of Content

FaceTrix is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. Without limiting the foregoing, FaceTrix may remove, at any time and without notice, any material that FaceTrix, in its sole discretion, finds to be in violation of these Terms or otherwise objectionable. If you have noticed any violation of these Terms from your perspective, content of any nature whatsoever, please contact us at info@mobicraft.net or use in-app report form. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

8. Fees and Payments

• General. FaceTrix requires payment of a fee for use of certain features or functions of the Services (the “PRO Features”). You have the option of making a one-time payment (“One-Time Payment”) or purchasing a subscription (“Subscription”) for such use. Whether you make a One-Time Payment or purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties to charge your payment method for the Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your purchase (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
• Subscriptions. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE FACETRIX TO INITIATE RECURRING, NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you the Subscription fee posted on the Services, plus any applicable taxes, and other charges (the “Subscription Fee”) at the beginning of your Subscription, and then at the frequency thereafter that is indicated on the Services and/or in these Terms at the then-current Subscription Fee, using the Payment Information you have provided until you cancel your Subscription. If you purchase an annual Subscription or a lifetime Subscription, no less than thirty (30) days and no more than sixty (60) days before your Subscription term ends, or otherwise in accordance with applicable law, FaceTrix will send you a reminder with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you. Your Subscription continues until canceled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms. For the purposes of the lifetime Subscription, lifetime constitutes 5 years or until the date Mobicraft Teknoloji A.Ş.. ceases to commercially offer the Services, whatever period is shorter. We make no warranties as to the expected duration of the lifetime Subscription and its related Services. You acknowledge and agree that the Services under the lifetime Subscription may change or terminate in the future. You may not assign, transfer, or resell in any way the lifetime Subscription to any other person. We reserve the right to revise the terms of or make changes to the lifetime Subscription by updating these Terms accordingly, provided that we will not shorten the duration of the lifetime Subscription specified above.
• Free Trial. From time to time, we may offer new users free Subscription access to certain PRO Features for a time period posted on the Services (a “Free Trial”). If you decide that you do not want to become a paying user of the Services, you must cancel the applicable Subscription twenty-four (24) hours before your Free Trial expires. If you do not cancel the applicable Subscription twenty-four (24) hours before your Free Trial expires, FaceTrix will automatically charge you for the applicable Subscription pursuant to Section 7(b) above.
• Canceling Your Subscription and Claiming Refund: If you are dissatisfied with the PRO Features, you may cancel a Subscription for a full refund within one (1) calendar day of your initial purchase. However, if you have used any credits that came with your purchase, you will not be eligible for a refund. As soon as this term expires, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. Please note that you may cancel your Subscription at any time, but such cancellation will be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then-current Subscription period and will then terminate without further charges.

Please note, that we do not have any control over refunds on the iOS platform. You should use Apple functionality in accordance with the abovementioned instructions to receive a refund. However, we may help you with receiving a refund on Android. If you have any issues with receiving a refund on Android, please email us at info@mobicraft.net.

Consent to Share Consumption Data with Apple:

By using our app and making in-app purchases, you consent to our sharing of data regarding your usage and consumption of purchased content with Apple, as part of our efforts to resolve refund requests. This information may include details about how you have accessed and interacted with the purchased content. The purpose of sharing this data is to help Apple make an informed decision regarding refund requests. We ensure that such data sharing is done in compliance with Apple's policies and only as necessary to process your requests.

9. Copyright Complaints

If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the App have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:

a. identification of the copyrighted work that is claimed to be infringed;

b. identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the App;

c. information for our copyright agent to contact you, such as an address, telephone number and e-mail address;

d. a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;

e. a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and

f. the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

Notices of copyright infringement claims should be sent by e-mail to info@mobicraft.net. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.

A user of the App who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.

10.Copyright Policy

FaceTrix respects copyright law and expects its users to do the same. It is FaceTrix’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

11. Indemnification

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

12. Privacy

FaceTrix respects your privacy and has established certain policies and procedures relating to the collection and use of your personal information. Please check our Privacy Policy to be aware of how we collect, use and share your personal information when you use our Services.

You may delete your personal data using in-app functionality or by manually deleting the app from your device. If you have any issues regarding the deletion of your data and/or app, please email us at info@mobicraft.net.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY 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 make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER FACETRIX NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL 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 OF ANY KIND 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 FACETRIX 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 WILL FACETRIX’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 FACETRIX FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FACETRIX AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FACETRIX AND YOU.

15. Links to Third Party Websites

The Services may contain links to third-party websites, services, and other resources. Please note, their presence does not mean that they are recommended by FaceTrix, and FaceTrix does not guarantee their safety and conformity with any of your expectations. FaceTrix is not responsible for maintaining any materials referenced from another website, and makes no warranties for that website or respective service. FaceTrix assumes no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and services.

16. Governing Law and Dispute Resolution

• Governing Law and Forum Choice. These Terms and any action related thereto shall be governed by the laws of the Republic of Turkey, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in this Section, the exclusive jurisdiction for all Disputes (as defined below) that you and FaceTrix are not required to arbitrate shall be the courts located in Istanbul, Turkey, and you and FaceTrix each waive any objection to jurisdiction and venue in such courts.
• Mandatory Arbitration of Disputes. We each 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”) will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. You and FaceTrix agree that Turkish arbitration law governs the interpretation and enforcement of these Terms, and that you and FaceTrix are each waiving 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. Limited exceptions to the above include: (i) both parties may seek to resolve a Dispute in small claims court if it qualifies; and (ii) each party retains the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
• Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the Istanbul Arbitration Centre (ISTAC) under its Arbitration Rules then in effect, except as modified by these Terms. The ISTAC Rules are available at the official ISTAC website. A party wishing to start arbitration must submit a written Demand for Arbitration to ISTAC and give notice to the other party as specified in the ISTAC Rules. Any arbitration hearings will take place in Istanbul, Turkey, unless both parties agree otherwise. The arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.
• Arbitration Costs and Fees. Payment of all filing, administration, and arbitrator fees will be governed by the ISTAC Rules. In the event of a dispute, the prevailing party shall be entitled to recover all reasonable attorneys' fees, costs, and expenses incurred, in addition to any other relief granted. This includes the fees for the arbitration itself unless the arbitrator deems the dispute frivolous.
• Injunctive and Declaratory Relief. Except as provided in Section 14(b) above, the arbitrator shall determine all issues of liability 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. Should you or FaceTrix prevail on a claim and seek public injunctive relief, the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. 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 FACETRIX 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 the entirety of the arbitration agreement shall be null and void at the discretion of the presiding judge.

17. 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, to the App 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.

18. 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. If you have any questions regarding the Services and/or your account, please email us at info@mobicraft.net. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 3(a), 4(b), 4(c), 4(e), 5, 7 (only for payments due and owing to FaceTrix prior to the termination), 8, 10, 12, 13, 15, 17, 18 and 20.

19. Severability

With the exception of any of the provisions in Section 14(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.

20. Rights and Terms for Apps

This Section applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.

21. General Terms

• Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between FaceTrix and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between FaceTrix 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 FaceTrix’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. FaceTrix 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 FaceTrix 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. FaceTrix’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 FaceTrix. 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.

22. Contacts

We hope these Terms help you to understand how the Services work and be sure everything is foreseeable and safe while using it. If you have any questions regarding the use of Services or regarding these Terms, please contact us at info@mobicraft.net

FaceTrix team