Terms & Conditions
Last Updated: September 26, 2024
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Welcome to Physiognomy.ai (“we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our website, applications, and services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
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By accessing or using Physiognomy.ai, you affirm that you are at least 18 years old, or the age of majority in your jurisdiction, and have the legal capacity to enter into these Terms. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
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We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically for any updates.
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4.1. Eligibility
You must comply with all applicable laws and regulations to use our Services. You agree not to use our Services for any unlawful or prohibited activities.
4.2. Usage Categories
Personal Use: Intended for individual users seeking personal insights, self-improvement, or entertainment. Examples include personal relationship assessments and self-reflection tools.
Organizational Use: Intended for businesses, HR departments, or institutions using our Services for professional purposes such as hiring, employee evaluations, or team-building exercises.
4.3. License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services in accordance with the usage category you have selected during registration.
4.4. Restrictions Based on Usage Category
Personal Use:
You may use the Services solely for personal, non-commercial purposes.
You may not use the Services to evaluate or profile other individuals without their explicit consent.
Organizational Use:
You must ensure that the use of Services complies with all applicable employment laws and anti-discrimination regulations.
You are responsible for obtaining necessary consents from individuals being evaluated.
Unauthorized use of Services for profiling or discriminatory practices is strictly prohibited.
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All content, features, and functionality of Physiognomy.ai, including but not limited to text, graphics, logos, icons, images, and software, are the exclusive property of Physiognomy.ai or its licensors and are protected by intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent.
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6.1. Ownership
You retain ownership of any content you submit, post, or display on or through the Services (“User Content”). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services.
6.2. Responsibility
You are solely responsible for your User Content. You agree not to submit any User Content that is unlawful, defamatory, infringing, obscene, or otherwise objectionable. We reserve the right to remove any User Content that violates these Terms or is otherwise inappropriate.
6.3. Use of Third-Party Photos
Consent Requirement:
If you upload, submit, or otherwise make available any photographs or images of individuals who are not yourself ("Third Parties"), you must obtain explicit consent from each of those individuals before using our Services with their images.
User Responsibility:
You represent and warrant that you have all necessary rights, licenses, and permissions to use and authorize Physiognomy.ai to use any Third-Party photos you submit. This includes obtaining consent from each individual depicted in the photos.
Prohibited Actions:
You may not use the Services to analyze, evaluate, or interpret the facial features of Third Parties without their explicit consent.
You are prohibited from uploading images that infringe upon the privacy or personal rights of others.
Indemnification:
You agree to indemnify, defend, and hold harmless Physiognomy.ai and its affiliates, partners, and licensors from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this section or your use of Third-Party photos without proper consent.
Limitation of Liability:
Physiognomy.ai shall not be liable for any claims, damages, or losses resulting from your unauthorized use of Third-Party photos. You assume full responsibility for any legal consequences that may arise from such unauthorized use.
Termination:
We reserve the right to suspend or terminate your access to the Services immediately, without prior notice, if we become aware that you have uploaded or used Third-Party photos without obtaining the necessary consents.
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You agree not to:
Use the Services for any illegal or unauthorized purpose.
Interfere with or disrupt the integrity or performance of the Services.
Attempt to gain unauthorized access to any portion of the Services.
Use any automated means to access the Services without our prior written permission.
Engage in any activity that could damage, disable, overburden, or impair the Services.
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Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. By using our Services, you consent to the practices described in the Privacy Policy.
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Our Services may contain links to third-party websites or services that are not owned or controlled by Physiognomy.ai. We are not responsible for the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that Physiognomy.ai shall not be liable for any damage or loss caused by your use of any third-party services.
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We reserve the right to suspend or terminate your access to the Services, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease, and you must discontinue all use of the Services.
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11.1. No Warranty
Our Services are provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, error-free, or free from viruses or other harmful components.
11.2. Accuracy of Information
While we strive to provide accurate and reliable information, we do not guarantee the accuracy, completeness, or reliability of any content generated by Physiognomy.ai. The interpretations and assessments provided are based on algorithms and data patterns and are intended for informational and entertainment purposes only.
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To the fullest extent permitted by law, Physiognomy.ai and its affiliates, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or related to your use of the Services, even if advised of the possibility of such damages.
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You agree to defend, indemnify, and hold harmless Physiognomy.ai and its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the Services, including any User Content submitted by you.
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These Terms shall be governed by and construed in accordance with the laws of ACT Australia, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the courts located within ACT Australia.
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If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.
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These Terms constitute the entire agreement between you and Physiognomy.ai regarding your use of the Services and supersede all prior agreements and understandings, whether written or oral, regarding such subject matter.
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If you have any questions or concerns about these Terms or our Services, please contact us.