Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and LuftID ("Company", "we", "us", "our") governing your access to and use of the LuftID website, application, API, and all related services (collectively, the "Service").

By accessing, browsing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must immediately discontinue use of the Service.

These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Your use of the Service constitutes your acceptance of these Terms and your agreement to comply with them.

2. Description of Service

The Service provides facial recognition and image matching capabilities. The Service allows users to upload images containing faces, which are then processed and compared against a database of facial templates. The Service may return potential matches with similarity scores and associated metadata.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, for any reason or no reason. We do not guarantee that the Service will be available at all times or that it will be error-free, secure, or uninterrupted.

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We make no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of the Service or any results provided through the Service.

3. User Accounts and Registration

Some features of the Service may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and identification
• Accept all responsibility for any and all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account at any time, with or without cause or notice, for any reason including, but not limited to, breach of these Terms.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service in any way that violates any applicable federal, state, local, or international law or regulation
• Use the Service to harass, abuse, harm, or defame any person or entity
• Use the Service to violate the privacy rights of any individual
• Upload, transmit, or distribute any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable
• Upload images or content that you do not have the legal right to use or distribute
• Use the Service to stalk, track, or monitor individuals without their consent
• Use the Service for any purpose that infringes upon the rights of others
• Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use any robot, spider, or other automatic device to access the Service
• Reverse engineer, decompile, or disassemble any portion of the Service
• Use the Service to compete with us or to develop a competing service

Violation of any of these restrictions may result in immediate termination of your access to the Service and may subject you to civil and criminal liability.

5. User Content and Intellectual Property

You retain ownership of any images or content you upload to the Service ("User Content"). However, by uploading User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the Service.

You represent and warrant that:

• You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use your User Content
• Your User Content does not violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights
• You have obtained all necessary consents from individuals whose images appear in your User Content
• Your User Content does not contain any viruses, malware, or other harmful code

We reserve the right to remove any User Content that violates these Terms or that we determine, in our sole discretion, is objectionable or inappropriate.

6. Accuracy and Reliability of Results

THE SERVICE AND ALL RESULTS PROVIDED THROUGH THE SERVICE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT GUARANTEED TO BE ACCURATE, RELIABLE, OR CORRECT.

Facial recognition technology is not infallible and may produce false positives, false negatives, or incorrect matches. The similarity scores and matches provided by the Service are estimates based on algorithmic analysis and should not be considered definitive identifications.

You acknowledge and agree that:

• The Service may not correctly identify individuals in uploaded images
• The Service may produce false matches or incorrect results
• Similarity scores are estimates and may not reflect actual similarity
• Results should not be used as the sole basis for any decision or action
• You should independently verify any information provided by the Service

We make no representations or warranties regarding the accuracy, reliability, or correctness of any results provided by the Service. You use the Service and rely on any results at your own risk.

7. Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY
• RELIABILITY
• COMPLETENESS
• TIMELINESS
• UNINTERRUPTED OR ERROR-FREE OPERATION
• SECURITY
• FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS

We disclaim all warranties, express or implied, including but not limited to warranties that the Service will meet your requirements, be available on an uninterrupted, timely, secure, or error-free basis, or be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. However, to the extent permitted by law, we exclude all warranties.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

This limitation applies regardless of the legal theory on which the claim is based, including but not limited to contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

In no event shall our total liability to you for all damages, losses, or causes of action exceed the amount you paid to us, if any, for accessing the Service in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. However, to the maximum extent permitted by applicable law, our liability is limited as set forth above.

You acknowledge and agree that we shall not be liable for:

• Any errors, mistakes, or inaccuracies in the Service or results
• Personal injury or property damage resulting from your use of the Service
• Any unauthorized access to or use of our servers or any personal information stored therein
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service
• Any loss or damage of any kind incurred as a result of your use of the Service or any results provided by the Service
• Any decisions made or actions taken based on information provided by the Service
• Any defamation, libel, slander, or other harm resulting from use of the Service
• Any violation of privacy rights resulting from use of the Service

9. Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service
• Your User Content
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Any decisions made or actions taken based on information provided by the Service
• Any harm caused to third parties as a result of your use of the Service

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

This indemnification obligation will survive the termination of these Terms and your use of the Service.

10. No Compensation or Refunds

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE NOT ENTITLED TO ANY COMPENSATION, REFUND, REIMBURSEMENT, OR DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, REGARDLESS OF THE CAUSE OR NATURE OF ANY CLAIM.

This includes, but is not limited to:

• Compensation for inaccurate, incorrect, or misleading results
• Compensation for false positives or false negatives
• Compensation for service interruptions, downtime, or unavailability
• Compensation for data loss or corruption
• Compensation for any harm, damage, or loss resulting from use of the Service
• Compensation for any decisions made or actions taken based on Service results
• Refunds for any fees paid, except as may be required by applicable law
• Compensation for any third-party claims arising from your use of the Service

By using the Service, you expressly waive any right to seek compensation, damages, or other relief from us, except as may be required by mandatory applicable law that cannot be waived.

11. Subscription Plans and Payments

If you purchase a subscription plan, you agree to pay all fees associated with your subscription. Subscription fees are non-refundable except as required by applicable law.

We reserve the right to change our pricing at any time. Price changes will not affect your current subscription period but will apply to subsequent renewal periods.

You are responsible for all charges incurred under your account, regardless of who uses your account. We reserve the right to suspend or terminate your account for non-payment.

All fees are exclusive of applicable taxes, which you are responsible for paying.

12. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

We do not guarantee the security of any information transmitted to or from the Service. You use the Service at your own risk regarding the security and privacy of your data.

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You may terminate your account at any time by contacting us or using account deletion features, if available.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws applicable in the country where the service provider is established, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved exclusively in the courts of the country where the service provider is established. You consent to the personal jurisdiction of such courts.

You waive any right to a jury trial in any action arising out of or relating to these Terms or the Service.

You agree that any claim or cause of action arising out of or related to your use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. Continued use of the Service after any such changes constitutes your acceptance of the new Terms.

If you do not agree to the modified Terms, you must stop using the Service.

16. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice.

Force Majeure: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including without limitation mechanical, electronic, or communications failure or degradation.

Contact Information: If you have any questions about these Terms, please contact us at terms@luftid.com.