Terms of Use

Softwareworks Holdings PTE. LTD. (“we” or “us”) welcomes you (“You”) to our Facetoken Cognitive Services (“Facetoken”)!

By registering as a user and/or accessing the Facetoken APIs and/or Facetoken SDKs (Facetoken products), You are confirming that You have read, understood and accepted these Terms of Use, and these Terms of Use constitute a binding agreement between You and us. These Terms of Use apply to Your access to our websites and use of the Facetoken products on whatever device and by any means in any jurisdiction, including but not limited to the Republic of Singapore (the “SGP”). We reserve the right to revoke Your access and use without notice if any of Your act breaches these Terms of Use.

The Facetoken products allow You to incorporate face detection, recognition and analysis capabilities into Your device, mobile application, web-enabled application, website or service. These Terms of Use are written to allow You to understand what You can and what You can't do when using Facetoken products.

  • It is Your responsibility to make sure that the content that goes through Facetoken products is legal, and that You, or Your users, have the proper authority to use it.
  • We require You to use industry standard security measures and make sure that You don't have any malware being installed on Your users' computers.
  • We also want You to make sure that Your users are notified when being tagged or identified in photos, and that You receive their consent before using their photos.
  • Grant of License

    You are granted the authorization to use the Facetoken products on a worldwide (except as limited below), non-exclusive, personal, non-transferable, limited basis according to the terms and conditions set forth herein.

  • APIs: Subject to the terms set forth herein, you may use Facetoken APIs and any updates provided by us or our affiliates.
  • SDKs: Subject to the terms set forth herein, you may use Facetoken SDKs and any updates provided by us or our affiliates.
  • Fees: The Facetoken products include Free Services and Paid Services, you may find out our price plan at: http://www.facetoken.com.sg/price.html. Please note that the account balance, including but not limited to top-up account and bonus account, is non-refundable under any circumstances, but can be consumed only. Please note that any fees or purchases for any products or services on Facetoken platform, including but not limited to Web API service and Mobile SDK service, is non-refundable under any circumstances, but can be consumed only.
  • Our Intellectual Property: The Facetoken products (including any future updates, upgrades and new versions) are protected by copyrights, trademarks, patents, service marks, international treaties, and/or other proprietary rights. We or our affiliates own all rights, title, and interest in and to the Facetoken products. Facetoken's rights apply to the Facetoken products and all output and executables of the Facetoken products, excluding any software components developed by You which do not themselves incorporate the Facetoken products or any output or executables of the Facetoken products. Except as expressly provided in these Terms of Use, You have no right to use our intellectual property rights, and You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Use. These Terms of Use grant You no right, title, or interest in any intellectual property owned or licensed by us or our affiliates, including (but not limited to) the Facetoken products and Facetoken trademarks. You may not copy, modify, reverse compile, reverse engineer or extract source codes from our Facetoken products, except to the extent that we may not prohibit You from doing so under applicable laws or regulations or You have our prior written consent to do so.
  • We May use Your Information: You hereby grant to us all rights to use and incorporate any contents You provide to us through Facetoken, apart from legal negotiations, confidential material or user login details, in the API Documents, or any other Facetoken product or service for improving the Facetoken APIs or any application that we have now or may develop in the future without compensation to You and without further recourse by You. Please be assured that, in respect of any photo that may have uploaded by You on Facetoken or through the Facetoken APIs, we will collect and save the original photo securely for our research purpose, not share with 3rd party.
  • Your Submissions must be non-offensive, legal and virus free: You hereby warrant that (i) any submission made by You to Facetoken comply with the applicable law in the applicable jurisdiction; (ii)You have the full authorization to post all the materials posted to Facetoken or product Documents, including software and documents and that all posts do not violate any right of any 3rd party, including intellectual property rights; (iii) all software code posted must be checked with Internet industry standard up-to-date antivirus and anti-worm software, and determined to be virus-free and worm-free; and (iv)any data provided to Facetoken must not contain harmful scripts or code.
  • Termination: You may terminate the license at any time by discontinuing use of all or any of the Facetoken products. We may terminate Your License or Your use of and access to the Facetoken products at any time and for any reason without notice.
  • Products Compliance

    If Your product or service uses or is based upon the Facetoken Products, then You shall comply with all of the following:

  • Privacy Policy Adherence: You shall adhere to a privacy policy no less strict than our privacy policy; You may find our privacy policy at http://www.facetoken.com.sg/terms-of-privacy.html. Moreover, You must notify Your users what information You will use, who will be entitled to use such information and who process information. If You are uncertain whether Your privacy policy adheres to ours, consult your lawyer and us.
  • Transparency to Users and Notification: If Your application or service makes any personal information available to any user apart from the user which provided the photos or data used by the Facetoken products, You must inform the users located in the photos, that they were tagged by your service or application, and provide them with the ability to remove the tags, correct them or block the application or service. Moreover, when dealing with personally identifiable information, You may not retain, store or convey to 3rd party, and must immediately remove from any application or service, and any data repository in Your possession or control, any 3rd party user data obtained through the Facetoken products not explicitly identified as being storable indefinitely in the product Documents or by the 3rd Party.
  • Use of Industry Standard Security Mechanisms: Your networks, operating system and software of its web server(s), routers, databases, and computer systems must be properly configured to Internet industry standards, as required to securely operate your application or service.
  • No Disclosure of Data to 3rd parties: You may not store any Facetoken user data (or 3rd Party user data) in any data repository which enables any 3rd party (other than the Facetoken user) access unless such third party access is disclosed in your privacy policy which must be directly accessible through a link in your application using Facetoken products.
  • Adherence to Best Practices

  • Illegal Use: You shall not use the Facetoken products in any manner or for any purpose that violates any law or regulation applicable to You and us, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with these Terms of Use.
  • Non-Offensive Use: You shall not use the Facetoken products in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to located embargo, hate materials or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, any hacking, surveillance.
  • Non-Critical Use: You may not use the Facetoken products to operate mission critical application where human life or property may be at stake. You understand that the Facetoken products are not designed for such purposes and that their failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Facetoken is not responsible;
  • Rate Limiting: You shall use the Facetoken APIs in a reasonable manner that complies with reasonable request volume, and shall not create any excessive or abusive usage, or otherwise fail to comply or is inconsistent with any part of the API Documents relating to rate limiting.
  • Non-Competition: You shall not use the Facetoken products in a product or service that competes with products or services offered by us or our affiliates worldwide.
  • 3rd Party Terms

    If Your use of Facetoken products involves any 3rd party API/SDK, or otherwise read or write information from or to any 3rd party user accounts through Facetoken products, the following 3rd party terms shall apply:

  • Adherence to 3rd Party Terms: You hereby agree to adhere to the terms set by any 3rd party which You use the Facetoken APIs to call, and shall not circumvent, or otherwise manipulate, any protection of Your, Facetoken's or the 3rd Party's users.
  • Obtaining Complete Consent: You shall be solely responsible for securing clear, express consent from the user, granting You permission to access such 3rd party account using his credentials, including if applicable, retrieving user-specific information, user’s friends account information, or writing information to such users accounts. You will strictly comply with the scope of express consent they granted You when accessing such user’s account.
  • Changes

    We may modify or update the Facetoken products from time to time without further notice to you.

    We may also change and update these Terms of Use from time to time and will publish any changes on our website. It is your responsibility to check for any updates. If you are unable to comply with any amended version of these Terms of Use, you should stop using Facetoken and the Facetoken products immediately.

    Warranty and Disclaimer

    We warrant to You that we will operate Facetoken and provide our Facetoken products using reasonable care and skill.

    APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, Facetoken AND THE Facetoken PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROMISE THAT Facetoken AND THE Facetoken PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE ABOVE WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED THROUGH FACE-TOKE NOR THE Facetoken PRODUCTS IS SUBJECT TO CHANGE WITHOUT NOTICE. WE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF Facetoken OR THE Facetoken PRODUCTS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR ACCESS AND USE. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH Facetoken AND THE Facetoken PRODUCTS IS TO STOP USING. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

    Limitation of Liability

    Except where prohibited by law, in no event will we be liable to You for any indirect, consequential, incidental or punitive damages, including lost profits or loss of business value. If, notwithstanding the other provisions of these Terms of Use, we are found to be liable to You for any damage or loss which arises out of or is in any way connected with Your access to our websites and use of the Facetoken products, to the extent permitted by applicable laws and regulations, our liability to You shall in no event exceed the fee paid by You to us (if any) with respect to any service rendered by us.

    Indemnity

    You agree to indemnify and hold us and our affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys'fees), made against us or any of our affiliates by any third party due to or arising out of or in connection with Your use of Facetoken and the Facetoken APIs.

    Citation

    If You apply the service of Facetoken in any of Your software, application, website, and research, You should cite www.facetoken.com.sg explicitly and properly.

    Governing Law and Dispute Resolution

    These Terms of Use will be governed by and construed in accordance with the SGP laws. Any dispute arising from or in connection with these Terms of Use will be referred to the exclusive jurisdiction of Singapore International Arbitration Centre (SIAC) for binding and final arbitration administered in accordance with the SIAC arbitration rules in effect at the time of submission in Singapore City. The arbitral award will be final and binding.