FaceAI

1. Agreement to These Terms

These Terms of Use (the “Terms”) are a legally binding agreement between you and DOFA TECH YAZILIM HİZMETLERİ ANONİM ŞİRKETİ, Ismet Kaptan Mah. Gazi Osman Pasa Bul. No: 9 Ic Kapi No: 47 Konak / Izmir TURKEY (“DoFa Tech,” “we,” “our,” or “us”). They govern your use of the FaceAI mobile application, the website getfaceai.com and its subdomains, and any related services (together, the “Service”).

By downloading, accessing or using the Service, or by tapping a button that refers to these Terms, you agree to these Terms. Our Privacy Policy explains how we handle personal data. If you do not agree to these Terms, do not use the Service.

If you use the Service on behalf of a business or other organisation, you accept these Terms for it and confirm that you are authorised to do so.

2. Who Can Use FaceAI

You must be at least 18 years old, or the age of majority where you live if that is higher, to use the Service. If you are at least 13 but have not reached that age, you may only use the Service with the permission of your parent or legal guardian, who must agree to these Terms for you and is responsible for your use of the Service. Children under 13 may not use the Service.

You may not use the Service if the law where you live forbids it, or if we have previously suspended or closed your account.

3. The Service and Artificial Intelligence

FaceAI lets you create images and videos (“Outputs”) with artificial intelligence from the photos, videos and text you provide (“Inputs”) and from the styles, templates, reference images and videos, and prompts that we make available (“Templates”). Inputs and Outputs together are “Content”.

You understand that:

• Outputs are created automatically by machine-learning models, some of which are run for us by third-party AI providers. We do not review Outputs before they are delivered to you.
• Outputs are synthetic. They may show people, places or events in ways that are not real, may not look like the person in your Input, may be inaccurate, offensive or unexpected, and may be similar or identical to content generated for other users.
• An Output is not a statement, opinion or endorsement by us.
• We may change, add or remove features, styles, Templates and AI models at any time.

4. Your Account

The app creates an account for your installation automatically, and you can link it to Apple, Google or an e-mail address. You must give accurate information, keep your sign-in credentials secure and tell us promptly about any unauthorised use. You are responsible for all activity that happens through your account and your device, and Content created through your account is treated as created by you unless you show otherwise.

5. Subscriptions, Credits and Payments

• Paid features are sold as auto-renewing subscriptions or one-time purchases through the Apple App Store or Google Play, and payment is charged to your store account. The price, billing period and any free trial are shown before you buy.
• A subscription renews automatically at the end of each period unless you cancel it at least 24 hours before the period ends. You can manage and cancel subscriptions in your App Store or Google Play account settings. Deleting the app does not cancel a subscription.
• Some features use in-app credits. Credits are a limited right to use features of the Service. They have no monetary value, cannot be exchanged for cash, transferred or sold, and are lost when your account is deleted or closed for a breach of these Terms. We may return the credits for a generation that fails.
• Refunds for purchases made through the App Store or Google Play are handled by Apple or Google under their refund policies; we cannot issue them ourselves.
• If you are a consumer, you may have a legal right to withdraw from a purchase. Where the law allows, by buying you ask us to supply digital content and services immediately and you acknowledge that you lose the right of withdrawal once supply has begun.

6. Your Content

6.1 Ownership

You keep the rights you have in your Inputs. As between you and us, and to the extent the law allows, you own the Outputs you create, and we assign to you any rights we may have in them. Templates and other parts of the Service that appear in an Output remain ours or our licensors', and we grant you a licence to use them as part of that Output for personal, non-commercial purposes. In many countries AI-generated content is not protected by copyright, and we do not promise that an Output is unique, original or free of third-party rights.

6.2 Licence to us

So that we can run the Service, you grant us, and the service providers who act for us, a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, adapt, transmit and display your Content, for as long as and to the extent needed to: provide the Service to you; keep it safe and secure; test and improve the quality of the Service, for example by comparing the results of different AI models; detect, investigate and prevent misuse; enforce these Terms; comply with the law; and establish, exercise or defend legal claims. We will not publish your photos or Outputs, or use them in our advertising, without your permission, and we do not use them to train AI models.

6.3 Your promises about Inputs

Each time you upload or submit an Input, you promise that:

• you own it, or you have all the rights, licences and permissions needed to use it with the Service and to grant us the licence in section 6.2;
• every identifiable person in it is you, or has given you permission to use their image and likeness with the Service in the way you use it, or you are otherwise legally entitled to use it in that way, and for anyone under 18 you are their parent or legal guardian or have that parent's or guardian's permission; and
• neither your Input, nor the way you use the Service, nor the way you use the resulting Outputs infringes anyone's copyright, trademark, image, publicity, personality, privacy or data protection rights, or breaks any law.

6.4 Your responsibility

You decide what to create with FaceAI and whether and how to use, publish or share an Output. You are solely responsible for your Inputs and prompts, for the Outputs you create, keep, publish or share, and for the consequences of doing so. We provide a creative tool; we are not the author or publisher of the Content you create with it.

7. Rules for Using FaceAI

You must not use the Service, or any Output, to create, upload, share or facilitate:

• sexual or sexually suggestive content involving anyone who is, or appears to be, under 18;
• nude, sexual or intimate images or videos of a real, identifiable person;
• images or videos that use a real person's face or likeness without their consent where the law requires it, or that show a real person in a false, humiliating, defamatory or harmful way;
• impersonation of any person or organisation, or content meant to make people believe something false about a real person or event;
• fraud, scams, sextortion, blackmail or identity theft, attempts to deceive or get around identity, age or biometric verification, or forged documents;
• false or misleading content about elections, public officials, public health, emergencies or news events, or content that could cause public panic;
• harassment, bullying, threats or stalking, hate speech, or content that promotes violence, terrorism, self-harm or discrimination;
• content that infringes copyright, trademarks or other rights, including characters, artworks and photographs that you are not authorised to use; or
• any other content that is unlawful where you are or where it is shared.

You must also not:

• present an Output that shows a real person or event as authentic, or remove, hide or alter any watermark, label, metadata or other sign that content was generated or altered by AI;
• try to get around our content filters, usage limits or other safety measures, including with prompts or Inputs designed to do so;
• copy, reverse-engineer, decompile or scrape the Service, its models, Templates or data, or access it by automated means;
• use the Service or Outputs to develop or train a competing AI model or service;
• resell, sublicense or commercially exploit the Service, or use it in a way that harms the Service, other users or us; or
• use the Service to process other people's personal data in breach of data protection law.

8. Labelling AI-Generated Content

If you publish or share an Output, especially one that shows a real person, you are responsible for following the laws and platform rules on AI-generated or manipulated content, including any duty to disclose clearly that it was artificially generated or manipulated (for example under Article 50 of the EU Artificial Intelligence Act). Do not share an Output in a way that could mislead people into believing it is real.

9. Moderation and Enforcement

We may, but are not obliged to, use automated tools and human review to check Inputs, prompts and Outputs against these Terms and the law. We may refuse to process any Input or prompt, block or delete Content, limit features, and suspend or close your account, at any time and without notice, if we reasonably believe that you have broken these Terms or the law, or that doing so is needed to protect other people, the Service or us. Where the law allows, you are not entitled to a refund or to credits in those cases.

We may keep Content and records relating to a suspected breach for as long as we need them to investigate it, to comply with the law, or to establish, exercise or defend legal claims, even after you delete them or your account. We report apparent child sexual abuse material to the competent authorities and organisations, such as the National Center for Missing & Exploited Children (NCMEC).

10. Reporting Content

If you believe that Content created with FaceAI infringes your rights, shows you without your consent or is otherwise unlawful, e-mail faceai@dofatech.com with the subject “Content report” and include:

• your name and contact details;
• the content you are reporting and where it appears (a link, or a copy if you have one);
• why you believe it is unlawful or infringes your rights; and
• for a copyright or other intellectual property claim, the work concerned and a statement that you own the rights or are authorised to act for the owner and that the information in your report is accurate.

If you report an intimate image or video of you that was shared without your consent, including one generated by AI, we will remove the copies we store, and any known identical copies, within 48 hours of receiving a valid request. We close the accounts of users who repeatedly infringe other people's rights.

11. Requests from Authorities and Claims about Content

11.1 We cooperate with courts, law enforcement and other public authorities, and we take claims about content seriously. You agree that if:

• a court, prosecutor, law enforcement agency, regulator or other public authority, in Türkiye or elsewhere, asks for information or Content linked to your account or device, by a subpoena, court order, warrant, production order or other legal request;
• someone makes or threatens a complaint, claim or lawsuit, against us or against you, alleging that Content created, uploaded or shared through your account is unlawful or infringes their rights (for example, a person shown in it or the owner of a work used in it); or
• we believe in good faith that disclosure is needed to prevent death or serious bodily harm or the sexual exploitation of a child, or to investigate fraud or a serious breach of these Terms,

we may preserve, and disclose to that authority, court, claimant or person, and to our lawyers, insurers and professional advisers, the information we hold that identifies you and the Content concerned. This includes your account details (such as your e-mail address and account and sign-in identifiers), IP addresses, request logs and timestamps, device identifiers and device and app information, your country and language, subscription and purchase records, the Inputs, prompts and Outputs concerned, and our records of when and how that Content was created.

11.2 We disclose information to a private person only where the law or a court requires it, where it is necessary for us to establish, exercise or defend legal claims, or where you have agreed. We do not make this information public.

11.3 If we are named in a complaint, claim or proceeding about Content you created, we may identify you as the person who created it, notify you of the proceeding, and, where the law allows, bring you into the proceeding or seek recourse from you for any amount we are ordered or agree to pay.

11.4 We may tell you about a request before disclosing your information, unless the law forbids it, the matter is an emergency, or telling you could put someone at risk or hinder an investigation. We are not liable to you for a disclosure we make in good faith under this section.

11.5 Sections 7 and 9 of our Privacy Policy explain what we keep, for how long and on what legal basis.

12. Our Intellectual Property and Your Licence to Use the App

The Service, including the app, its software, AI pipelines, Templates, styles, designs, text and graphics, and the FaceAI and DoFa Tech names and logos, belongs to us or our licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a personal, revocable, non-exclusive, non-transferable and non-sublicensable licence to download and use the app on devices that you own or control, for your personal, non-commercial use. We reserve all rights that we do not expressly grant.

If you send us ideas or suggestions, we may use them freely without any obligation to you.

13. Third-Party Services

The Service relies on third-party services, including app stores, sign-in providers, payment and subscription providers, analytics and advertising partners, cloud hosting and AI model providers. Their own terms and privacy policies govern your use of their services, and we are not responsible for them. You must comply with any third-party terms that apply to you when you use the Service, such as your mobile carrier's or app store's terms.

14. Disclaimers

To the fullest extent the law allows, the Service and all Content are provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted or error-free operation. We do not promise that an Output will look like the person in your Input, meet your expectations, be suitable for any purpose (including professional, identification or official use), be unique, or be free of third-party rights. You are responsible for checking an Output before you use or share it.

15. Limitation of Liability

To the fullest extent the law allows:

• we are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or reputation, arising out of or relating to the Service or these Terms;
• we are not liable for Content created, uploaded or shared by users, or for how anyone uses an Output; and
• our total liability for all claims arising out of or relating to the Service or these Terms is limited to the greater of the amount you paid for the Service in the 12 months before the event giving rise to the claim and 100 US dollars.

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, for intentional misconduct or gross negligence, or for anything else that cannot be limited or excluded by law.

16. Indemnity

To the extent the law allows, you will defend, indemnify and hold harmless DoFa Tech, its affiliates, and their directors, employees and agents against all claims, demands, proceedings, damages, losses, fines, penalties, settlement amounts, costs and expenses (including reasonable lawyers' fees) arising out of or relating to: (a) your Inputs and prompts; (b) the Outputs you create and your use, publication or sharing of them; (c) your breach of these Terms; or (d) your violation of any law or of anyone else's rights, including intellectual property, publicity, personality, privacy and data protection rights. We may take control of the defence of any such claim, and you will cooperate with us.

If you are a consumer, this section applies only to losses caused by your breach of these Terms or your unlawful conduct.

17. Suspension, Termination and Account Deletion

You can stop using the Service at any time and delete your account in the app's settings. We may suspend or close your account as described in section 9, or if we stop offering the Service. Sections 6, 7, 9, 11 and 14 to 21 continue to apply after your account is closed.

18. Governing Law and Disputes

18.1 These Terms, and any dispute arising out of or in connection with them, are governed by the laws of the Republic of Türkiye, excluding its conflict-of-laws rules. Subject to sections 18.2 to 18.4, the courts and enforcement offices of İzmir have exclusive jurisdiction.

18.2 If you are a consumer, nothing in these Terms takes away the protection of the mandatory laws of the country where you live, and you may also bring proceedings in the courts of the place where you live. Consumers in Türkiye may also apply to the Consumer Arbitration Committees or the Consumer Courts within the monetary limits set each year.

18.3 If you live in the United States, you and we agree to resolve any dispute arising out of or relating to these Terms or the Service by final and binding arbitration on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules. Either of us may instead bring an individual claim in small claims court, and either of us may ask a court to stop the infringement or misuse of intellectual property. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE PROCEEDING. If 25 or more similar demands are filed against us by or with the help of the same or coordinated lawyers, they will be administered under the American Arbitration Association's rules for multiple or mass filings. This section 18.3 is governed by the U.S. Federal Arbitration Act. You may opt out of it by e-mailing info@dofatech.com within 30 days of first accepting these Terms, giving your name, the e-mail address of your account and a clear statement that you opt out of arbitration. If the class action waiver is found unenforceable for a claim, this section 18.3 does not apply to that claim, which must then be brought in court.

18.4 Nothing in these Terms prevents us from asking any competent court for urgent interim relief.

19. Apple App Store and Google Play

If you downloaded the app from the Apple App Store, you and we acknowledge and agree that:

• These Terms are concluded between you and us only, and not with Apple. We, not Apple, are solely responsible for the app and its content. These Terms do not set usage rules for the app that conflict with the Apple Media Services Terms and Conditions; if anything in them does, those Apple terms prevail.
• Your licence to use the app is a non-transferable licence to use it on Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the app may also be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
• We are solely responsible for providing any maintenance and support for the app, as described in these Terms or as required by law. Apple has no obligation whatsoever to provide any maintenance or support services for the app.
• We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever for the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are our sole responsibility.
• We, not Apple, are responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including (i) product liability claims, (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy or similar laws. Nothing in these Terms limits our liability to you beyond what the applicable law permits.
• If a third party claims that the app or your possession and use of it infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling and discharging that claim.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that the U.S. Government has designated as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Questions, complaints and claims about the app should be sent to us using the contact details in section 22.
• You must comply with any applicable third-party terms of agreement when you use the app, for example your wireless data service agreement.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

If you downloaded the app from Google Play, the Google Play Terms of Service also apply to your purchases.

20. Changes to These Terms

We may update these Terms from time to time, for example to reflect changes to the Service or to the law. We will post the updated Terms on this page and update the “Last updated” date, and for material changes we will give reasonable notice in the app or by e-mail where we can. If you keep using the Service after the changes take effect, you accept the updated Terms. If you do not agree to them, you must stop using the Service, and you may delete your account.

21. General

• These Terms and the Privacy Policy are the entire agreement between you and us about the Service.
• If any part of these Terms is found invalid or unenforceable, the rest stays in effect, and the invalid part is replaced by a valid provision that comes closest to its purpose.
• If we do not enforce a provision, we have not waived it.
• You may not transfer your rights or obligations under these Terms. We may transfer ours, including as part of a merger, acquisition or sale of assets.
• We are not responsible for any failure or delay caused by events beyond our reasonable control.
• You agree that our electronic records, including server logs, IP address records and database entries, are valid evidence in any dispute between you and us, without prejudice to your right to prove otherwise.
• These Terms are written in English. If we provide a translation, the English version prevails to the extent the law allows.

22. Contact Us

DOFA TECH YAZILIM HİZMETLERİ ANONİM ŞİRKETİ

Ismet Kaptan Mah. Gazi Osman Pasa Bul. No: 9 Ic Kapi No: 47 Konak / Izmir TURKEY

Telephone: +90 544 229 06 55

Questions, complaints, claims and content reports: faceai@dofatech.com

Legal notices and requests from authorities: info@dofatech.com