Terms of Use
Last Updated: Oct 24, 2024
These Terms of Use (the “Agreement”) describe the terms and conditions applicable to your use of faceport.com (the “Site”), the Faceport Helmet (the “Helmet”), the Faceport Robot (the “Robot”), charger, and/or other electronic device(s) (the “Products”), including the Faceport mobile applications (the “Mobile Apps”) (collectively, the “Services”). The Site and Mobile Apps are owned and operated by Faceport, Inc., and its affiliates (collectively “Faceport” or “Company”).
In this Agreement, we refer to ourselves as “Faceport” or “us” or “we”; we refer to you as “you” or “Customer.” Faceport and Customer are referred to in this Agreement individually as a “Party” and collectively as the “Parties.”
By accessing or using the Services, including access to the Site, you intend and expressly agree to be bound by all the terms and conditions of this Agreement and the Privacy Policy (available at https://faceport.com/privacy-policy), which is incorporated by reference. If you do not agree to these terms and conditions, you may not use the Services.
Access and Use
Faceport grants you a limited license to access the Site subject to this Agreement. If you choose to subscribe to and use the Mobile Apps, Faceport further grants you a license to access and use the Services, subject to and conditioned upon your compliance with this Agreement, the Privacy Policy, and any other rules and requirements communicated to you by Faceport, including your payment of any applicable fees. You acknowledge and agree that Faceport may modify, update, and otherwise change the Services at any time and in its sole discretion.
You represent and warrant that you are at least 18 years of age and have the legal authority to accept this Agreement on your behalf or on behalf of any party you represent. You alone are responsible for your activities and interaction with the Services.
You shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. You shall not at any time, directly or indirectly, and shall not permit any third-party to: (i) copy, modify, or create derivative works of the Services, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Mobile Apps component of the Services, in whole or in part; or (iii) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person (including but not limited to web scraping), or that otherwise violates any law, regulation, or other legal requirement.
Purchases are intended for you as the end user only and are not authorized for resale, without Faceport’s express authorization. We reserve the right to refuse or cancel your order if we suspect you are purchasing Services for resale.
Except for the limited license to access the Site and Mobile Apps identified above, you acknowledge that nothing contained in this Agreement shall be construed as granting or conferring, by implication, estoppel, or otherwise, any right, title, or interest to any intellectual property, including any (i) inventions (whether patentable or not in any country), patents, patent applications, invention disclosures, improvements, trade secrets, proprietary information, know how, information, or technical data; (ii) copyright protected works, copyright registrations, mask works, mask work registrations, or applications in the United States or any foreign country; (iii) trademarks, trademark registrations, service marks, logos, or applications therefor in the United States or any foreign country; (iv) trade secrets; or (v) any other tangible or intangible proprietary rights anywhere in the world.
You acknowledge and agree that at times the Services may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Faceport may undertake from time to time without notice to you; or (iii) causes which are beyond the control of Faceport or which are not reasonably foreseeable.
Notwithstanding anything to the contrary in this Agreement, Faceport may temporarily suspend access to the Services provided to you and any other third-party for security purposes, to prevent illegal or fraudulent activity, to comply with the requests of any legal agency or government entity, or if you violate the Agreement or the Privacy Policy.
Faceport may from time to time and in its sole discretion engage other service providers to assist in the performance of the Services, such as web hosting providers, payment processors, and other third-parties. You shall abide by the terms of use and other requirements associated with the services provided by such third-parties in connection with the Services.
Customer Responsibilities
You acknowledge that you are solely responsible and liable for your use of the Services, directly or indirectly, including understanding whether such access or use is permitted by or in violation of this Agreement. You are further solely responsible for compliance with all applicable laws relating to your use of the Services. You shall further use the Services solely for lawful purposes, and shall conduct all business through the Services in accordance with all applicable laws and regulations, including but not limited to all applicable federal and state laws and regulations governing the offer and sale of securities, money laundering, and counter-terrorism.
You alone are responsible for ensuring and maintaining that you are able to access and use the Services, including by securing your own compatible hardware, Mobile Apps, internet access, security Mobile Apps, backup devices or services, and any other requirements. Faceport shall have no responsibility to provide any additional Mobile Apps or hardware. You further agree that Faceport shall have no responsibility for any data loss or other damage or loss suffered in connection with your use of the Services, including any failure to provide adequate security or backup devices or services.
You are responsible for ensuring Faceport has accurate and current information for your Customer account, including current contact and payment information. You are further responsible for regularly reviewing the associated Customer email account for any communications from Faceport.
If you are provided with a username, password, credentials file, or any other piece of information as part of any security procedure (“Credentials”), you must treat such information as confidential, and must not disclose Credentials to any other person or entity. You acknowledge that your account and Credentials are personal to you, and further agree not to provide any other person with access to the Services or portions of the Services using your username, password, or other security information. You shall notify Faceport immediately of any unauthorized access to or use of your Credentials or any other breach of security. Faceport has the right to disable any username, password, credentials file, or other identifier at any time, whether chosen by you or provided by Faceport.
Faceport shall make commercially reasonable efforts to provide adequate support services for the Services. Notwithstanding the foregoing, this Agreement does not entitle you to any guaranteed level, availability, or turnaround time of support services for the Services.
Payment and Fees
Paid Services include the Services, which may be one-time purchases or automatically renewing subscription services (“Paid Services”), including our Site and Mobile Apps (“Subscriptions”). We may make changes to, suspend, or discontinue Paid Services at any time for any reason, and Faceport reserves the sole discretion to determine which Services or portions thereof require payment.
Paid Services may include the option to pre-order Products that are scheduled for future production (“Pre-Order”). Upon placing a Pre-Order, you will be required to pay a Pre-Order fee, which may represent either a portion of or the full purchase price of the Product. The anticipated shipping date for any accepted Pre-Order is subject to various factors, including, but not limited to, the timing of your Pre-Order payment and Faceport's production schedule. While Faceport aims to fulfill Pre-Orders as promptly as possible, no specific shipping date is guaranteed for Pre-Order items.
You agree to pay all applicable fees for Paid Services including, without exclusion, any monthly subscription fees, user fees, and offering fees and any other fees, charges, or costs that you agree to purchase as part of the Paid Services during the checkout process (“Fees”). You agree to pay all Fees and all applicable taxes incurred prior to termination or cancellation of the Agreement.
You authorize Faceport to charge your designated payment method for Paid Services. By providing an acceptable payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us or our third-party payment processor to charge your payment method for the total amount of your purchase, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Paid Service may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you provide in order to proceed with your use of the Service. If you accept a promotional offer or make changes to your Paid Services, the Fees, taxes, and amounts billed may vary. Billing amounts may also vary due to changes in applicable taxes or currency exchange rates. You authorize us or our third-party payment processor to charge your payment method for the corresponding amount. Refunds will not be issued unless required by law. Individual discounts may not be combined or stacked with any other discount. This payment obligation shall survive termination or cancellation of this Agreement for any reason whatsoever.
If you choose to finance a purchase through our third-party payment processor and one or more items in your order has an extended ship date, your loan payment(s), including interest, may be due before we ship all of the items. Please note that you may not receive a rebate of any interest that may have already accrued on an amount that is later refunded.
Subscriptions
Certain Paid Services are subscription-based purchases, to which the following terms apply:
Your Subscription term may vary as a continuous, monthly, or annual term (“Subscription Term(s)”), as described in the course of purchasing the Paid Services. Your Subscription will auto-renew for additional Subscription Terms until your Subscription is canceled by you, or suspended or terminated by Faceport. Unless otherwise indicated by us, your designated payment method will be charged prior to, or at the beginning of, each Subscription Term for the Subscription fee plus any applicable taxes and other charges. Before charging you for a Subscription Term, we will notify you of the applicable fees, and the renewal will occur at the price then in effect for the Paid Service.
You may cancel your Subscription at any time. Your cancellation will take effect at the end of the current Subscription Term. To cancel your subscription and automatic payment, request the cancellation by emailing our team at support@faceport.com. Cancellation does not entitle you to the refund of any previously paid Fees and you will not receive a prorated refund for the remainder of the Subscription Term. In the event you cancel your Subscription, note that we may still send you promotional communications, unless you opt out of receiving those communications by following the unsubscribe instructions provided in the communications.
When you cancel a Subscription, you cancel only future charges for your Subscription. You will not receive a refund for the current Subscription Term you paid for, but you will continue to have full access to that Subscription until the end of that current Subscription Term. At any time for any reason, we may provide a refund, discount, or other consideration (“credits”) to some or all of our users. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future.
If you reside outside the United States and change your mind about your purchase, you may be entitled to receive a full refund within fourteen (14) days (the “Cooling-Off Period”), provided that you have not logged in or otherwise redeemed or started to use the Services as a subscriber during the Cooling-Off Period.
From time to time, we may offer free trials of certain Subscriptions for specified periods of time without payment. Prior to starting your free trial we will notify you of the applicable Subscription fees that will be charged at the expiration of your free trial. Unless you cancel your Subscription prior to the end of your free trial by taking the steps outlined above, when your free trial ends, we or our third-party payment processor will bill your designated payment method on a recurring basis for your Subscription fee, plus any applicable taxes and other charges, for as long as your Subscription continues. You must cancel your Subscription before the end of your free trial period to avoid any charges. Instructions for canceling your Subscription are described above.
Your payment information will be processed and stored through a third-party payment processor. All paid account holders must maintain at least one valid payment method for payment of Fees, which are described in more detail during checkout. All Fees are calculated and billed to you on a monthly or annual basis depending upon your choice, and are due immediately upon receipt and are subject to change. You acknowledge that Fees have a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Fees shall be charged or debited from the saved, designated payment method you provide one day prior to the monthly or yearly anniversary of the initial purchase date.
In the event that you have not logged in or otherwise used the Services for six (6) months or longer following purchase or receipt of a Product during a free trial, we reserve the right to terminate your subscription, cancel any pending purchase(s), and refund you the purchase price of the Product only. You will not be entitled to a refund for the value of the Subscription during the free trial.
Faceport reserves the right to adjust the Fees for our Paid Services, or any features or parts of our Paid Services, at any time. You acknowledge that Faceport may change the Fees for Paid Services at any time. In the event of such a change, Faceport will provide notice to you via the email address associated with your account at least thirty (30) days in advance of the effective date of the change. Your continued use of the Services indicates your acceptance of any changes to the Fees. You are solely responsible for all applicable taxes, and will be charged for taxes when required by law.
Data and Communications
Faceport may collect and process information regarding your usage of the Services. You consent to Faceport's collection and use of such information, as well as the sharing of such information with third-party service providers for purposes of providing, marketing, and improving the Services, and any other reason described in the Privacy Policy. All personal information collected by Faceport is treated in accordance with the Privacy Policy.
By agreeing to the terms and conditions in this Agreement and providing your contact information to Faceport, you give your express consent to allow Faceport, its affiliates, and agents to contact you from time to time at any mailing address, phone number, or email address you provide to Faceport. Your consent means you agree to be contacted by Faceport and its service providers via phone, email, text message, or other means for any purpose, including but not limited to notifications related to the Services and your account, subscriptions, purchases, available upgrades, billing and payment processing issues, and telemarketing communications. Such authorized communications may include use of automated dialing technology or the use of pre-recorded messages. You are responsible for any charges that may be billed to you by your service provider(s) when we contact you. You further acknowledge that your consent to the foregoing is not a condition of using the Faceport Services, and if you do not wish to consent, you may contact us and request to be placed on a do not contact list, or you may opt out any time using the opt-out mechanism provided in any such communications.
Faceport disclaims all liability under this Agreement for any information you provide to Faceport that may constitute electronic patient health records or similar information supplied by you or an end user, notwithstanding anything to the contrary in this Agreement or as otherwise required by any applicable federal, state, or international laws, rules, or regulations.
Intellectual Property Rights
“Faceport” is a trademark of the Company. Faceport content, products, features and services, and our underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. All rights reserved. You are not granted, by implication or otherwise, any license or right to use any marks appearing on, or used or displayed in connection with, the Services (“Trademarks”). The Services may also contain or refer to third-party trademarks, trade names, product names, and logos that may be registered trademarks of their respective owners. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademarks displayed in connection with the Services without Faceport's express written permission.
All content provided in association with the Services and this Agreement, including, but not limited to, the Site, the Product, the Mobile Apps, all text, graphics, user interfaces, visual interfaces, photographs, images, videos, electronic art, sounds, audio, data, communications programs, executable code, computer code, and data (collectively, “Content”) formatted, organized, and collected in a variety of forms, including design, structure, selection, coordination, expression, “look and feel,” arrangement, layouts, pages, screens, and databases of such Content, contained in the Content, Services, and underlying technology, and any and all other copyright-protected work associated with the Services (“Copyrighted Works”), are exclusively owned, controlled, or licensed by or to Faceport and are protected by U.S. and international copyright laws. You agree you will not directly or indirectly copy, reproduce, modify, create derivative works from, distribute, or publicly display the Copyrighted Works without the prior express written permission of Faceport.
If you provide any communications or materials to Faceport by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Faceport is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. Faceport is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Faceport is not required to use any Feedback.
Faceport respects the intellectual property rights of others and it is our policy to expeditiously process and review notices of claimed infringement of copyright or other applicable intellectual property laws. Any notices of claimed infringement should be sent to Faceport's Designated Agent at legal@faceport.com, and must contain all of the following: (i) a signature (physical or electronic) of the copyright owner or a person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim is infringing and is to be removed or have access to same disabled, and information sufficient to permit Faceport's administrators to locate the material; (iv) information sufficient for us to contact you, such as address, telephone number, and email address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
User Content
You and other visitors to or users of the Services may create, record, generate, upload, post, or otherwise make available certain photos, videos, media, and other content and files (“User Content”) through, or in connection with the Services. Faceport has no control over, and is not responsible for, any use or misuse (including any distribution) by any third party of User Content or any loss of any User Content, including how other users may use or interact with your User Content, or for other users’ User Content. You agree not to submit any information or other materials that you consider to be confidential or proprietary or that violate the law or others’ rights through, or in connection with, the use of the Services. If you choose to make any personally identifiable or other information publicly available through the Services, you do so at your own risk.
For purposes of clarity, you retain ownership of your User Content. We need certain permissions from you to use the User Content to provide the Services and for certain other specified purposes. Specifically, for any User Content, you hereby grant to us a worldwide, royalty-free, fully paid-up, perpetual, sublicensable (through multiple tiers), and non-exclusive license, without any additional consideration to you or any third party, to reproduce, adapt, distribute, publish, display, prepare derivative works of, and use such User Content for the following purposes: (a) to provide you with the Services, fulfill your requests, and improve the Services; (b) to ensure that our suppliers, vendors, service providers, and third-party partners can provide certain functionalities to you; (c) for legal, safety, or security reasons, including to prevent fraud, to enforce this Agreement and for other compliance reasons; and (d) for any other purpose for which you give your express consent.
We may (but have no obligation to) monitor, evaluate, alter, or remove User Content before or after they appear on the Services, or analyze your access to or use of the Services. Subject to our Privacy Policy, we may disclose information regarding your access to and use of the Services, and the circumstances surrounding such access and use, to any third party for legitimate reason or purpose.
YOU ARE ENTIRELY RESPONSIBLE FOR THE USER CONTENT YOU SUBMIT AND FOR ANY CONSEQUENCES ARISING IN CONNECTION WITH USER CONTENT (INCLUDING ANY LOSS OR DAMAGE SUFFERED OR INCURRED BY US OR OTHER USERS). YOU REPRESENT, WARRANT, AND COVENANT THAT: (a) YOU ARE THE OWNER OF ALL RIGHTS PERTAINING TO THE USER CONTENT, OR OTHERWISE AUTHORIZED TO GRANT US THE ABOVE LICENSE TO SUCH USER CONTENT; (b) THE USER CONTENT WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY OR OTHER THIRD-PARTY RIGHTS; AND (c) THE USER CONTENT IS NOT FRAUDULENT, TORTIOUS, OR OTHERWISE IN VIOLATION OF ANY LAW. YOU FURTHER IRREVOCABLY WAIVE ANY “MORAL RIGHTS” OR OTHER RIGHTS WITH RESPECT TO ATTRIBUTION OF AUTHORSHIP OR INTEGRITY OF MATERIALS REGARDING THE USER CONTENT THAT YOU MAY HAVE UNDER ANY APPLICABLE LAW UNDER ANY LEGAL THEORY.
Warranty Disclaimer
THE SERVICES ARE PROVIDED TO YOU “AS IS WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND FACEPORT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WHETHER EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. FACEPORT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THE AVAILABILITY OF CONTENT, THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL FUNCTION WITH OTHER MOBILE APPS OR HARDWARE, OR WITHIN A SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FACEPORT OR A FACEPORT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY.
NOTWITHSTANDING THE FOREGOING, FACEPORT WARRANTS TO THE ORIGINAL END USER PURCHASER THAT THE PRODUCT IS FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR ONE (1) YEAR FROM THE DATE OF PURCHASE. If your local law in effect at the time of purchase requires a warranty period longer than one (1) year, this warranty shall be extended to the extent required by such law. Within the warranty period, Faceport shall repair or replace at no charge to you any components of the Product that fail the limited warranty provided. You shall be responsible for any related transportation charges. Replacement products may be new or refurbished at Faceport’s discretion. This limited warranty does not apply to (i) normal wear and tear, including scratches and dents; (ii) consumable parts included in the Product, such as batteries, unless product damage has occurred due to a defect in materials or workmanship; (iii) damage resulting from your failure to use the Product in accordance with the instructions accompanying the Faceport Product or available at the website; (iv) damage resulting from an accident, flood, fire, misuse, or abuse; (v) damage resulting from service performed, or damage resulting from tampering with or alterations to the Product, by anyone not authorized by Faceport; or (vi) use of the Product with any application or software other than the Mobile Apps.
Faceport retains the exclusive right to repair or replace the Product, or offer a full refund, at its sole discretion. Such remedy shall be your sole and exclusive remedy for any breach of this limited warranty. Warranty repairs and replacements have a new warranty which is the longer of ninety (90) days or the balance of the original one (1) year warranty.
Limitation of Liability
IN NO EVENT WILL FACEPORT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, AND LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY CONTENT ASSOCIATED WITH THE SERVICES, OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT FACEPORT HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR LIMITED AS SET FORTH ABOVE, IN NO EVENT SHALL FACEPORT BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, IN EXCESS OF $100.
Faceport Helmet Health and Safety Disclaimer
The Faceport Helmet is intended for use by individuals in good health and without any medical conditions that could be aggravated by its use. By using the Faceport Helmet, you acknowledge and agree to the following terms:
(a) Health Conditions: You should not use the Faceport Helmet if you have any of the following conditions: musculoskeletal issues, including but not limited to neck, back, or spinal problems; neurological conditions such as epilepsy, seizures, vertigo, or any condition affecting balance and coordination; vision impairments or issues, including sensitivity to light, impaired depth perception, or any eye conditions that may interfere with visual performance; or psychological conditions, such as claustrophobia, anxiety, or other mental health concerns that may be triggered by enclosed spaces or immersive environments.
(b) Consultation Requirement: If you have any medical conditions, whether listed above or otherwise, that could potentially be affected by the use of the Faceport Helmet, consult a qualified physician before using this product. It is your responsibility to ensure that you are medically able to use the Faceport Helmet safely.
(c) Assumption of Risk: By using the Faceport Helmet, you acknowledge and assume all risks associated with its use, including but not limited to physical discomfort, eye strain, or dizziness. Faceport, Inc. shall not be liable for any injuries, health complications, or adverse effects resulting from the use of the Faceport Helmet.
(d) Use at Your Own Risk: The Faceport Helmet is not a substitute for medical, psychological, or professional health advice. If you experience any discomfort, stop using the Faceport Helmet immediately and consult a healthcare professional.
(e) Movement Limitations: The Faceport Helmet significantly limits the wearer’s visual field. To prevent accidents, the wearer should move slowly and only in environments that are free from tripping or falling hazards.
(f) Guidance Requirement: In any environment that may pose a risk of falling or other hazards, the use of a guide (another person) to assist the wearer is necessary. This is particularly important when navigating unfamiliar, uneven, or potentially dangerous surroundings.
(g) Non-Protective Nature: The Faceport Helmet is not a protective helmet and should not be relied upon for personal safety or used as protective gear. It does not provide any form of physical protection and should not be worn in environments where head protection is required.
(h) Age Requirement: The Faceport Helmet is designed for adult use only. The wearer must be at least 18 years old. Children should not be left unattended near the Helmet or the Faceport Robot, as certain parts may pose a suffocation or choking hazard.
By purchasing and using the Faceport Helmet, you agree that Faceport shall not be held liable for any injuries, damages, or losses resulting from your use of the product, including improper use, movement in unsafe environments, or failure to heed this health and safety disclaimer.
Faceport Robot Health and Safety Disclaimer
The Faceport Robot is designed for enhanced telepresence experiences and consists of an upper body structure intended for stationary use. By using the Faceport Robot, you acknowledge and agree to the following terms:
(a) Secure Placement: The Faceport Robot should be securely stationed on a stable chair, counter stool, or other flat surface to prevent tipping or movement. The Robot is not designed for freestanding use and must be supported to avoid accidents or damage. Ensure the surface is level and stable to provide the Robot with a safe operating base.
(b) Liquid Contact: The Faceport Robot contains electronic components that can be damaged by liquids. If any liquid comes into contact with the Robot, immediately disconnect it from the power source. Assess the extent of any liquid contact, as with any electronic device, and ensure the Robot is completely dry before attempting to use it again. Do not resume use if there is any risk that the liquid made contact with the electronics, as this may result in malfunction or safety hazards.
(c) Age and Supervision Requirement: The Faceport Robot is intended for use by individuals 18 years of age or older. Children should not be left unattended near the Robot, as certain moving parts may pose a risk of injury, and smaller components could present a choking hazard.
(d) Safe Environment: The Faceport Robot should only be operated in environments free from obstacles, tripping hazards, and fall risks. Avoid using the Robot near stairs, drop-offs, or other areas where it could create an unsafe situation.
(e) Assumption of Risk: By using the Faceport Robot, you accept all associated risks, including potential physical discomfort, injury, or damage. Faceport shall not be liable for any injuries, health complications, or adverse effects resulting from improper use of the Faceport Robot.
By operating the Faceport Robot, you agree that Faceport, Inc. shall not be held liable for any injuries, damages, or losses resulting from your use of the product, including improper use, failure to heed this health and safety disclaimer, or failure to follow proper safety protocols in the event of liquid exposure.
Precautions
The Services may provide links to other websites maintained by third parties. You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by Faceport with respect to the provider of such a linked site or the quality, reliability, or any other characteristic or feature of such linked site. You further acknowledge and agree that Faceport is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. In addition, you should be aware that your use of any third party site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site. If a third party links to the Services, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with Faceport. Faceport may not even be aware that a third party has linked to the Services.
Any other content not owned by Faceport is owned by its respective owner. You acknowledge and agree that such content is provided by its owner and does not reflect any endorsement, affiliation, relationship, or sponsorship by Faceport with respect to the provider of such content. You further acknowledge and agree that Faceport is not liable or responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any content provided by third parties including, without limitation, your reliance thereon. FACEPORT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY CONTENT.
You agree to indemnify, hold harmless, and defend Faceport, its subsidiaries, affiliates, officers, directors, employees, representatives, agents, partners, licensors, successors, and assigns, from and against any action, cause, claim, damage, debt, demand, or liability, including reasonable costs and attorneys' fees, asserted by any person, arising out of or relating to (i) your use of the Services, including but not limited to anyone using your account or Credentials; (ii) breach of this Agreement by you or anyone using your account or Credentials; (iii) any information used, stored, or transmitted in connection with your account or Credentials; (iv) breach of the rights of any third party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights by you or anyone using your account or Credentials; or (v) violation of any law, regulation, or other legal requirement.
Imagined Stories
Faceport uses a combination of AI-generated images, human artists, AI-generated copy, and human writers to create fictional, "imagined stories" to illustrate potential use cases for our products. These narratives are creative visualizations of how we envision Faceport technology might be used in the future. They are not endorsements, testimonials, or representations of real-life case studies, nor are they based on actual events or people. Any resemblance to real individuals or organizations is purely coincidental. The content is meant for illustrative purposes only, and we encourage users to understand that these scenarios are speculative and fictional. Faceport adheres to all FTC guidelines related to endorsements and advertising transparency, ensuring that our communications accurately represent the intended use and limitations of our product.
Notice for California Users
Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice:
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Termination; Cancellation
This Agreement shall continue in full force until terminated or canceled pursuant to this Agreement.
Faceport shall have the right to terminate this Agreement (i) for any reason whatsoever by providing thirty (30) days' notice to you; (ii) immediately for your material breach of this Agreement, other than non-payment of Fees; or (iii) for non-payment of Fees. Notwithstanding the foregoing, Faceport reserves the right, in its sole discretion and without notice, at any time and for any reason, to remove, modify, suspend, or disable access to all or any portion of the Services.
You may terminate the Agreement for any reason whatsoever by providing thirty (30) days' notice to Faceport by emailing legal@faceport.com. You shall be responsible for all Fees incurred prior to and during the notice period.
Sections titled Precautions, Intellectual Property Rights, Data and Communications, Indemnification, Warranty Disclaimer, Limitation of Liability, Governing Law, Forum; Mandatory Binding Arbitration; Class Action Waiver, and payment obligations for Fees incurred prior to and during any notice period shall survive termination of this Agreement for any reason whatsoever.
Federal Government End Use Restrictions
If you are a U.S. federal government department or agency or are contracting on behalf of such a department or agency, Services are “Commercial Items” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Service is licensed to you with only those rights as provided under the terms and conditions of this Agreement. If you are a U.S. federal government ordering activity, or employee of such ordering activity purchasing through a GSA Schedule contract in your capacity as an agent for such ordering activity, the terms of this published Agreement and the Privacy Policy may differ.
Export Compliance and Use Restrictions
You will not directly or indirectly export or re-export the Services, or any technical information related thereto, to any destination or person prohibited or restricted by applicable law, including, without limitation, all applicable U.S. export control laws and regulations.
Governing Law; Forum; Mandatory Binding Arbitration, Class Action Waiver
Any action related to this Agreement, the Services, and your relationship with Faceport shall be governed by, construed, and interpreted in accordance with the laws of the State of New York, without regard to its conflict of laws principles, AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. You agree to resolve any disputes or claims arising out of or related to this Agreement or the Services through final and binding arbitration conducted by a single arbitrator. This includes disputes arising out of or relating to the interpretation or application of this “Mandatory Arbitration Provision” section, including its enforceability, revocability, or validity. Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or violation of any intellectual property rights.
Subject to the Mandatory Arbitration Provision, the parties irrevocably consent to bring any action to resolve or enforce claims arising under or relating to this Agreement in the federal or state courts in New York, New York, and each party irrevocably submits to the exclusive jurisdiction of such courts for any such suit, action, or proceeding. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This paragraph does not apply to users who reside in the European Union. If you are a user based in the European Union, then the applicable consumer protection laws of your country may supersede this provision, requiring that your local laws and jurisdiction apply. The English language shall govern all documents, notices, and interpretations of this Agreement. You also agree to waive any right to assert any claims against Faceport as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy.
Miscellaneous
You acknowledge that Faceport has the right to monitor use of the Services to ensure compliance with the Agreement.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision, or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision, or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
You may not assign this Agreement to any other party and any attempt to do so is void.
If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible, and the other provisions will remain fully effective and enforceable.
This Agreement and the Privacy Policy constitute the complete and exclusive statement of the agreement between you and Faceport regarding the Services, and supersedes any and all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written, between the parties.
In case of any conflict between the terms of this Agreement and the terms of the Privacy Policy, the terms of this Agreement shall prevail.
Modification of the Terms and Services
Faceport reserves the right to update this Agreement and/or the Privacy Policy at any time and for any reason in its sole discretion by posting updated terms. Unless otherwise indicated by Faceport, any changes will become effective on a prospective basis from the date of posting. Faceport will notify you of any material changes to the Agreement or Services. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Services. Faceport and its third-party service providers may make improvements and/or changes in the Services, features, and prices described at any time and for any reason in its sole discretion. The Mobile Apps may download and install upgrades, updates, and additional features in order to improve, enhance, and further develop the Services. Faceport reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that Faceport shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
FACEPORT TERMS OF DELIVERY
USA and European Union
Faceport will fulfill Products from local distribution centers to the named place in the respective jurisdiction of the buyer. Faceport will charge tax at the applicable rate based on the delivery address for the Products in accordance with the local rules.
Canada and the UK
Faceport will deliver the Products under a Delivered Duty Paid (“DDP”) Incoterm. Faceport is responsible for importing and delivering Products to the named place in the country of the buyer. Faceport is responsible for paying all costs related to the import of the Products into the country of the buyer and will charge tax at the applicable rate based on the delivery address for the Products. Faceport will issue a compliant tax invoice for any local indirect taxes due on the sale, as required under local law.
Outside the Countries Listed Above
Faceport will deliver the Products under a DAP Incoterm with title transferring to the buyer immediately prior to importation. Faceport pays for the carriage to the named place outside the country of the buyer, but is not responsible for importing the Products into the country of the buyer and delivering the Products to the named place in the country of the buyer. The buyer is responsible for all costs related to the import of the Products. Faceport will not facilitate the collection of any taxes on the buyer’s behalf.
In the case of any conflict between the English language version and translations in other languages, the English language will control, unless and except as required by applicable local law.
Last Updated: Oct 24, 2024
