Terms & Conditions

Please read these terms carefully before using the Facepe facial recognition payment service.

Last Updated: January 1, 2025

These Terms and Conditions govern your use of the Facepe mobile application and facial recognition payment service.

Important Notice

By using Facepe, you agree to these terms. Please read them carefully.

Your Security

We're committed to protecting your data and providing secure payment services.

1. Acceptance of Terms

By accessing, downloading, installing, or using the Facepe mobile application ("App") or our facial recognition payment service ("Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use our App or Service.

2. Description of Service

Facepe is a facial recognition payment platform that allows users to make payments at participating merchants by scanning their face. The Service includes:

  • Mobile application for account management and payment card linking
  • Facial recognition technology for user authentication
  • Payment processing services through Stripe's secure payment infrastructure
  • Transaction history and account management features
  • Integration with US-based merchants and payment networks

3. Eligibility and Account Requirements

3.1 Age Requirements

You must be at least 18 years old to use the Facepe Service. By using our Service, you represent and warrant that you are at least 18 years of age.

3.2 Account Registration

To use our Service, you must:

  • Provide accurate, current, and complete information during registration
  • Maintain and update your account information
  • Keep your account credentials secure and confidential
  • Notify us immediately of any unauthorized use of your account
  • Be responsible for all activities that occur under your account

3.3 Biometric Enrollment

To use facial recognition payments, you must complete biometric enrollment by providing facial images. You consent to the processing of your biometric information as described in our Privacy Policy. You may withdraw this consent at any time by deleting your account.

4. Use of the Service

4.1 Permitted Use

You may use the Facepe Service only for legitimate payment transactions at participating merchants. You agree to:

  • Use the Service in accordance with these Terms and applicable laws
  • Provide accurate information for all transactions
  • Only make payments for goods and services you are authorized to purchase
  • Comply with merchant terms and policies

4.2 Prohibited Activities

You agree NOT to:

  • Use the Service for any illegal or unauthorized purpose
  • Attempt to circumvent or manipulate the facial recognition system
  • Share your account credentials or allow others to use your account
  • Use the Service to make fraudulent or unauthorized transactions
  • Interfere with or disrupt the Service or its servers
  • Reverse engineer, decompile, or attempt to extract source code
  • Violate any applicable laws, regulations, or third-party rights

5. Payment Terms

5.1 Payment Methods

You must link a valid credit card, debit card, or bank account to use the Service. You authorize us to charge your selected payment method for all transactions you make through the Service.

5.2 Transaction Processing

When you make a payment using Facepe:

  • You authorize the transaction amount to be charged to your payment method
  • The transaction will be processed through Stripe's secure payment infrastructure
  • You will receive a transaction confirmation
  • Refunds and disputes will be handled according to your payment method's policies

5.3 Fees

Facepe does not currently charge users transaction fees. However, your payment method provider (bank or card issuer) may charge fees. We reserve the right to implement fees in the future with 30 days' notice.

6. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information, including biometric data, is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Biometric Data Security

Your biometric templates are stored locally on your device only. We never store or have access to your actual biometric data on our servers.

7. Security

7.1 System Security

We implement industry-standard security measures to protect the Service and your information. However, no system is completely secure, and we cannot guarantee absolute security.

7.2 User Responsibilities

You are responsible for:

  • Keeping your device secure and using appropriate device security features
  • Protecting your account credentials and biometric information
  • Reporting any suspected unauthorized use immediately
  • Using the Service only on trusted, secure networks

8. Limitation of Liability

Important Limitation

Our liability is limited as set forth in this section. Please read carefully.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FACEPE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, use, goodwill, or other intangible losses
  • Damages resulting from unauthorized access to or alteration of your transmissions or data
  • Damages resulting from merchant disputes or refusal to accept payment
  • Technical malfunctions or service interruptions

Our total liability to you for all claims arising from or relating to the Service shall not exceed the amount of fees you paid to us in the 12 months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Facepe and its affiliates from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any law or regulation
  • Your violation of any third party's rights

10. Service Availability

We strive to provide reliable service but cannot guarantee that the Service will be available at all times. We may suspend or discontinue the Service temporarily for maintenance, updates, or other reasons. We will provide reasonable notice when possible.

11. Termination

11.1 Termination by You

You may terminate your account at any time by deleting the App or contacting our support team. Upon termination, your biometric templates stored on your device will be automatically deleted.

11.2 Termination by Us

We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion. We will provide reasonable notice when possible.

12. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes through the App or by email. Your continued use of the Service after the effective date constitutes acceptance of the new Terms.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from these Terms or the Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive your right to participate in class action lawsuits.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Facepe regarding the Service.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue to be valid and enforceable.

14.3 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

15. Contact Information

Questions About These Terms?

Email: legal@facepe.app

Address: 123 Innovation Street, San Francisco, CA 94105

Phone: +1 (555) 123-4567

If you have any questions about these Terms and Conditions, please contact us using the information above.