Terms & Conditions

1. Definitions

For the purpose of these Terms & Conditions:

• "Facewise" refers to the company operating the Facewise platforms and services.
• "Platform" means any of our websites: facewise.in, event.facewise.in, attendance.facewise.in, or associated mobile applications.
• "Facewise Events" means the event photo identification service at event.facewise.in.
• "Facewise Attendance" means the geo-fenced attendance management service at attendance.facewise.in.
• "User" means any individual who accesses or uses any Facewise platform.
• "Business Client" / "Company Admin" means an organization or individual who subscribes to Facewise Attendance for managing employee attendance.
• "Employee/Member" means an individual enrolled in Facewise Attendance by a Business Client.
• "Biometric Data" means facial photographs, face embeddings/feature vectors, and liveness detection data processed by our AI.
• "Content" means all photos, data, and materials you upload to our platforms.

2. Services Description

2.1 Facewise Events

Facewise Events is a platform that allows:

• Event Organizers/Photographers to upload event photo albums for face-recognition-based photo delivery
• Event Attendees to upload a selfie and receive all photos from an event album where their face appears

2.2 Facewise Attendance

Facewise Attendance is a workforce management platform that allows:

• Business Clients to set up geo-fenced attendance tracking for their employees
• Employees to mark attendance via facial recognition within the designated geo-fence zone
• Admins to view reports, manage employee data, and export attendance records

2.3 Service Availability

Our services are primarily intended for users located in India. We make no representation that our services comply with laws of countries outside India.

3. Eligibility & Account Registration

3.1 Age Requirement

• You must be at least 13 years of age to use Facewise services.
• Users aged 13–18 must have parental or guardian consent.
• Users below 13 are not permitted to use our platforms.

3.2 Account Registration

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the confidentiality of your login credentials.
• You must notify us immediately if you suspect unauthorized access to your account.
• Each person may create only one account unless explicitly permitted otherwise.

3.3 Account Responsibility

You are responsible for all activities conducted through your account. Facewise is not liable for losses arising from unauthorized use of your account due to your failure to safeguard your credentials.

4. User Obligations

By using Facewise, you agree to:

• Provide only accurate, truthful, and lawful information
• Upload only photos in which you have the legal right to use (i.e., photos of yourself or photos you own/have permission to share)
• Use our services only for lawful purposes
• Not misrepresent your identity or impersonate any other person
• Comply with all applicable laws, including Indian IT Act, data protection laws, and labor laws
• Not attempt to circumvent or tamper with our security measures, including liveness detection
• Notify us promptly if you become aware of any data breach or security vulnerability

5. Biometric Data Consent & Terms

5.1 Your Consent

By consenting to biometric processing, you agree that:

• Facewise may collect, process, and store your facial biometric data (as detailed in our Privacy Policy)
• Your face embedding will be used solely for the specific purpose you authorized (photo search or attendance)
• Your biometric data will not be shared with unauthorized third parties

5.2 Photo Ownership

When you upload photos to Facewise Events (as an organizer), you confirm that:

• You own the copyright in the photos, OR have permission from the copyright owner to upload them
• You have informed the subjects of the photos that their images may be used for face recognition purposes
• You have obtained any necessary consents from individuals appearing in the photos

5.3 Withdrawal of Consent

You may withdraw your biometric consent at any time by contacting [email protected]. Upon withdrawal, your biometric data will be deleted within 30 days. Note that withdrawal will disable face recognition features for your account.

6. For Business Clients (Facewise Attendance)

6.1 Data Controller Responsibilities

When a Business Client enrolls employees in Facewise Attendance, the Business Client acts as the data controller for employee personal and biometric data. Facewise acts as the data processor. As a Business Client, you agree to:

• Obtain all necessary informed consents from employees before enrolling them in biometric attendance
• Inform employees of the face recognition technology being used and their rights
• Comply with all applicable employment laws regarding employee monitoring and biometric data
• Not use Facewise Attendance to discriminate, harass, or unlawfully monitor employees
• Maintain a written biometric data policy as required by applicable law

6.2 Data Processing Agreement

Business Clients who process employee biometric data must enter into a separate Data Processing Agreement (DPA) with Facewise. By subscribing to Facewise Attendance, you agree to the standard Facewise DPA available upon request at [email protected].

6.3 Business Client Liability

Business Clients are solely responsible for ensuring that their use of Facewise Attendance complies with all applicable labor laws, employment laws, and data protection regulations. Facewise is not responsible for any legal violations arising from a Business Client's unauthorized or non-compliant use of the attendance system.

7. Prohibited Uses

You must NOT use Facewise for any of the following:

• Surveillance without consent — Using facial recognition to track or monitor individuals without their explicit knowledge and consent
• Identity theft / fraud — Attempting to authenticate as another person using their photos or biometric data
• Illegal discrimination — Using attendance or photo data to discriminate against individuals based on protected characteristics
• Unauthorized data access — Attempting to access, download, or extract data belonging to other users
• Reverse engineering — Attempting to reverse-engineer, decompile, or extract our AI models or algorithms
• Spam or abuse — Uploading malicious files, excessive spam accounts, or content designed to overwhelm our systems (DDoS)
• Illegal content — Uploading photos that violate applicable laws (obscene content, stolen images, etc.)
• Bypassing security — Attempting to defeat liveness detection, anti-spoofing measures, or geo-fencing controls
• Commercial resale — Reselling, sublicensing, or commercializing our services without our written permission

Violation of these prohibited uses may result in immediate account termination and legal action.

8. Intellectual Property

8.1 Facewise's Intellectual Property

All software, algorithms, AI models, user interface designs, logos, trademarks, and content created by Facewise are the exclusive intellectual property of Facewise. You may not copy, reproduce, distribute, or create derivative works without our express written consent.

8.2 Your Content

You retain ownership of photos and content you upload to Facewise. By uploading content, you grant Facewise a limited, non-exclusive, royalty-free license to process and use your content solely for providing our services to you. This license terminates when you delete your content or account.

8.3 Feedback

Any feedback, suggestions, or ideas you provide to Facewise may be used by us to improve our services without compensation or attribution to you.

9. Service Availability & Modifications

• We strive for 99% uptime but do not guarantee uninterrupted service. Scheduled maintenance, technical issues, or force majeure events may cause downtime.
• We reserve the right to modify, suspend, or discontinue any feature of our services at any time with reasonable notice.
• We may impose usage limits to prevent abuse or maintain service quality.
• We reserve the right to update our AI models, which may result in slight differences in recognition behavior.

10. Disclaimer of Warranties

To the maximum extent permitted by applicable law, Facewise provides its services on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Guarantees of 100% accuracy in face recognition results (though we strive for the highest accuracy)
• Warranties that the services will be error-free, uninterrupted, or free from security vulnerabilities

Facewise does not warrant that face recognition results will be correct in all cases. False positives (incorrectly identifying someone) and false negatives (missing a correct match) may occur.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Facewise shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, business opportunities, or goodwill
• Damages arising from unauthorized access to your account due to your negligence
• Damages arising from decisions made by you or your employer based on attendance data
• Inaccurate face recognition results and their consequences
• Third-party acts or omissions

In any event, Facewise's total liability for any claim related to our services shall not exceed the amount you paid to Facewise in the 3 months preceding the claim, or INR 5,000 — whichever is lower.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Facewise, its officers, employees, agents, and affiliates from any claims, losses, damages, liabilities, legal fees, and expenses arising from:

• Your use or misuse of our services
• Your violation of these Terms & Conditions
• Your violation of any applicable law or third-party rights
• Content you upload to our platforms
• Your failure to obtain necessary consents from employees or other individuals (for Business Clients)

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us at [email protected] or using the account deletion feature (if available). Upon termination, your biometric data will be deleted as described in our Privacy Policy.

13.2 Termination by Facewise

Facewise may suspend or terminate your account immediately, without notice, if:

• You violate these Terms & Conditions
• You engage in prohibited uses as listed in Section 7
• We are required to do so by law or court order
• Continued operation of your account poses a security risk

13.3 Effect of Termination

Upon termination, your right to access our services ceases immediately. Sections 8, 11, 12, and 14 of these Terms survive termination.

14. Governing Law & Dispute Resolution

14.1 Governing Law

These Terms & Conditions are governed by and construed in accordance with the laws of India, including the Information Technology Act, 2000 and the Information Technology (Amendment) Act, 2008, without regard to conflict of law principles.

14.2 Jurisdiction

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in India. You agree to submit to the personal jurisdiction of such courts.

14.3 Dispute Resolution Process

1. Informal Resolution: Before filing any formal claim, you agree to contact us at [email protected] to attempt informal resolution. We will respond within 15 business days.
2. Mediation: If informal resolution fails, both parties agree to attempt mediation through a mutually agreed mediator before pursuing litigation.
3. Litigation: If mediation fails, disputes may be resolved through litigation in the appropriate court in India.

15. Changes to Terms

We reserve the right to update these Terms & Conditions at any time. When we make material changes:

• We will update the "Last Updated" date at the top
• We will display a prominent notice on our platforms for at least 30 days
• For significant changes affecting biometric data processing, we will send email notification and require re-acceptance of terms

Your continued use of Facewise services after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree with the changes, you must stop using our services and request account deletion.

16. Contact

For questions about these Terms & Conditions:

As per the IT Rules 2021, our Grievance Officer can be reached at [email protected]. All complaints will be acknowledged within 24 hours and resolved within 15 days.

17. Miscellaneous

• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect.
• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Facewise regarding use of our services.
• No Waiver: Failure by Facewise to enforce any provision of these Terms shall not be construed as a waiver of that provision.
• Language: These Terms are written in English. In case of any conflict with translations, the English version shall prevail.
• Assignment: You may not assign your rights under these Terms. Facewise may assign its rights in connection with a merger, acquisition, or sale of assets.

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