Terms of Use

Agreement as of November 15, 2022

Terms of Use Agreement

These Terms of Use Agreement (“Agreement”) apply to your access and use of this website, or the applications and other online products and services (collectively, our “Services”) provided by aemos GmbH (“aemos”, “FacePlus” or “we”).

By accessing and using this service, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.

If you have any questions about this Agreement or our Services, please contact us at [email protected].

1. Eligibility

You represent that you are of legal age in your jurisdiction to form a binding contract, but in any event at least 13 years old. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept this Agreement on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates this Agreement.

• User Account and Security

In order to access the Services, you may be required to register for an account by submitting the information requested in the applicable web form or interface (“Account”). You alone are responsible for providing up-to-date accurate information, maintaining the confidentiality and security of your Account (and user sub-accounts) and credentials, as well as for all activities that occur in such Account. You must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.

• Privacy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

• Notification Provision

The company reserves the right to change these conditions from time to time as it sees fit. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and upon log-in to your account. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by email or postal mail will be made to those affected by the change. Any changes to our privacy policy will be posted on our site. All changes will need to be accepted by users before further access to our services will be granted.

• Services and Content

• Subject to the terms and conditions of this Agreement, you are given a personal license and right to access and use the applicable Services (collectively, the “Subscription”) and in the case of an app, to also install the app on your device. This Subscription is non- exclusive, non-transferable, and non-sublicensable, and the Subscription only lasts while this Agreement remains in effect. As used herein, a “Paid Subscription” means a Subscription to any fee-based portions of the Services.

• Our Services may allow you and other users to create, store, and share content, including photos, text, and other data materials (collectively, “User Content”). Subject to this Agreement and the Privacy Policy, you retain all rights in and to your User Content, as between you and aemos. Further, aemos does not claim ownership of any User Content that you post on or through the Services.

• Subject to the User Content License, you own all rights, title and interest (including without limitation all Intellectual Property Rights) in and to your User Content. You are solely responsible for (and you agree to hold harmless and release aemos and all aemos’ Affiliates and licensors from) all your User Content, and any use of it (including without limitation use by others). You represent and warrant that: (a) your User Content does not, and will not, infringe or violate any third party’s Intellectual Property Rights, privacy rights, publicity rights, or any law; and (b) you have obtained, and will maintain during and after any termination of this Agreement, any and all licenses, permissions, consents, approvals, and authorizations required in connection with your User Content. The content, nature, frequency, and quantity of your User Content has not been specifically requested or authorized (and may or may not be reviewed) by aemos and is submitted to the Services at your sole risk. Without derogating from the generality of the above, you agree that you will not submit any User Content which contains information which it is unlawful for you to possess. aemos reserves the right (but shall have no obligation) to decide whether your User Content complies with the requirements set out in this Agreement and may remove such user Content and/or terminate your access to the Services for submitting Content, which is in violation of this Agreement, without prior notice and at aemos’ discretion.

• FacePlus is not a backup service, and you agree that you will not rely on the Services for the purposes of User Content backup or storage. aemos will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any User Content.

• You hereby irrevocably waive (and agree never to assert) against aemos, its Affiliates, aemos’ licensors, and/or any other user of the Services, any Moral Rights you may have in and to any of your User Content. “Moral Rights” means any rights of paternity or integrity, or any right to claim authorship of a work, to object to any scoring, or other derogatory action in relation to, any work, whether or not such would be prejudicial to the honor or reputation of the creator of the work, and any similar right, existing under judicial or statutory law of any jurisdiction, or under any treaty.

• For the avoidance of doubt, the Services are only licensed to you, and no title in them passes to you. Any rights not expressly granted herein are hereby reserved by aemos and its licensors, and you are granted no other right or license in the Services, whether by implied license, estoppel, exhaustion, operation of law, or otherwise.

• Payment Policy

Certain Services and Features are only offered under a Paid Subscription, and certain Service Content is only offered for payment (such as Scoring Credits). The Services are delivered electronically and shall be deemed accepted by you upon delivery. You agree to pay whatever fees and other charges are presented to you when you subscribe to a Paid Subscription or paid Service Content (collectively, the “Fees”). If the payment plan is on a recurring-subscription basis, you agree to pay the Fees in accordance with the applicable billing cycle. If you downloaded the App from the Apple Store, refunds are permissible in accordance with their refund policy; otherwise refunds are permissible in accordance with our Refund Policy. Except as stated in those policies, all Fees are non-refundable and non-cancellable. Moreover, amounts payable are exclusive of all applicable sales, use, consumption, VAT and other taxes, except for taxes based upon aemos’ net income.

Refund Policy:

You can cancel your auto-renewal through device settings within the App, or by contacting customer support at [email protected]

To request a full or partial refund, you must reach out to customer support at [email protected].

A refund will only be available within 14 days from payment. Refund requests made after 14 days, will be dealt with on a case-by-case basis at our sole discretion. If a full or partial refund is granted, please note that your auto-renewal will then also be cancelled, and your subscription will be immediately stopped, and you will lose access to the product.

Refunds will only be issued to the payment method used to purchase the subscription.

Payment Method:

Payments may be processed via the relevant App Marketplace.  You must provide accurate billing information, and promptly update any changes to it (such as card numbers and expiry dates). If you are paying via credit or debit card, you represent that you are the authorized user of the card, and you authorize aemos (and any third party payment processor) to collect payment from you, on a recurring basis (if applicable), and to take all other necessary billing actions. If payment is made via a third-party payment processor, you will also be subject to its terms and conditions (over which we have no control) – so carefully read those terms.

• Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Use or attempt to use another user’s account without authorization from that user and aemos;
• Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
• Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
• Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement.

You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
• Impersonates, or misrepresents your affiliation with, any person or entity;
• Contains any unsolicited promotions, political campaigning, advertising or solicitations;
• Contains any private or personal information of a third party without such third party’s consent;
• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
• Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose aemos or others to any harm or liability of any type.

In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

• Copyright and Trademark

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters, user generated filters and other content contained therein (collectively, the “aemos Content”) are owned by or licensed to aemos and are protected under both United States and foreign laws. Except as explicitly stated in this Agreement, aemos and our licensors reserve all rights in and to our Services and the aemos Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and aemos Content for your own personal use; however, such license is subject to this Agreement and does not include any right to: (a) sell, resell or commercially use our Services or aemos Content; (b) copy, reproduce, distribute, publicly perform or publicly display aemos Content, except as expressly permitted by us or our licensors; (c) modify the aemos Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or aemos Content, except as expressly set forth in this Agreement; (d) use any data mining, robots or similar data gathering or extraction methods; or (e) use our Services or aemos Content other than as expressly provided in this Agreement. Any use of our Services or aemos Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted under this Agreement. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the aemos Content.

We have a policy of limiting access to our Services and terminating the accounts of users who repeatedly infringe the intellectual property copyright rights of others upon prompt notification to us by the copyright owner or the copyright owner’s legal agent.

• Advertisement and third-party interfaces and links

We may present third party advertisements in the Services. We do not control such advertisements and cannot guarantee that they are reliable or accurate. Inclusion of advertisements does not mean that we endorse the goods or services that they offer, and we bear no liability for any decision by you to purchase or otherwise receive such goods or services. Moreover, we may cooperate with advertisers to offer you sponsored goods or services. The sponsored goods and services are offered by their respective providers, are under their exclusive responsibility, and we shall have no liability for such goods or services. If you encounter any problem with the sponsored goods or services, you agree to contact the third-party providers, not us. The Services may include links to other websites not owned or controlled by aemos. The Services may also include Features provided by third parties through an application programming interface (API) of such third party. aemos has no control over, assumes no liability for any loss, damage or harm arising from: (a) the privacy policies or other practices of such third parties; or (b) the content or availability of any such websites or Features, and aemos does not endorse any materials available from such websites or Features.

1. Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about aemos or our products or Services (collectively, “Feedback”), is non-confidential and we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You hereby grant to aemos a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or aemos business.

1. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless aemos and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “aemos Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of this Agreement; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify aemos Parties of any third-party Claims, cooperate with aemos Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the aemos Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and aemos or the other aemos Parties.

1. Disclaimers

We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Services.

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. In addition, aemos does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While aemos attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

1. Liability & Accuracy Warning

This site and its components are offered for informational, assessment and analytical purposes only; this site shall neither be responsible or liable for the accuracy, usefulness or availability nor for any error or omissions in its products or services.

AEMOS AND THE OTHER AEMOS PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL CONCEPT OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF AEMOS OR THE OTHER AEMOS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF AEMOS AND THE OTHER AEMOS PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SERVICES.

The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of aemos or the other aemos Parties or for any other matters in which liability cannot be excluded or limited under applicable law.

1. Release

To the fullest extent permitted by applicable law, you release aemos and the other aemos Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under any common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

1. Language, Electronic Contract:

The language of this Agreement is the English language only. You hereby irrevocably waive any law applicable to you requiring that the Agreement be localized to meet your language (as well as any other localization requirements), or requiring an original (non-electronic) signature or delivery or retention of non-electronic records.

1. App Download from Marketplace:

If you are downloading the App from a third party app distribution platform or marketplace, such as Apple’s App Store, Google’s Google Play, or the Amazon Appstore for Android (each, an “App Marketplace”), please be aware that the App Marketplace may have additional rules which also govern your use of the App.

1. Transfer and Processing Data

By accessing or using our Services, you acknowledge and, as applicable, consent to the processing, transfer and storage of information about you in and to Austria and Germany.

1. Governing Law and Venue

This Agreement and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Austria, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to mandatory arbitrationwill be resolved in the competent courts of the first district of Vienna, Austria.

1. Electronic Communications

By accessing or using the Services, you also consent to receive electronic communications from aemos (e.g., responses to your requests, questions and feedback, announcements, updates, and security alerts through a push notification, an email, or by posting notices on our Services). You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

1. Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

You may terminate this Agreement at any time, via the functionality offered or by cancelling your Account. In such cases, termination will take effect immediately, unless you have a current Paid Subscription in which case termination shall take effect at the end of the then-current Billing Cycle, and you will not be charged for the subsequent Billing Cycle.

1. Severability

If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Contact Information

aemos GmbH
Cobenzlgasse 46
1190 Wien

info [at] aemos .com