1. Introduction

Welcome to FullFace! These Terms of Service (“Terms”) govern your use of the Platform as a Service (“PaaS”) called FullFace (“FullFace”) as a Makeup Artist (“Artist”). By accessing or using the FullFace, you agree to be bound by these Terms.

1.1 Age Requirement

In accordance with the Children’s Online Privacy Protection Act (“COPPA”) (15 U.S.C. §§ 6501 et seq.) and the Federal Trade Commission’s Children’s Online Privacy Protection Rule (“COPPA Rule”) (16 C.F.R. Part 312), FullFace does not knowingly collect or solicit personal information from children under the age of 13. We encourage parents and guardians to be involved in their children’s online activities and to use parental control settings to limit access to content and information that may not be appropriate for children.   
To use the FullFace app, you must be at least 21 years old. If you are under 21, you may only use the app with the supervision of a parent or legal guardian.
If you are a parent or legal guardian creating an account for a child under 13, please ensure that you supervise their use of the app.

2. Makeup Artist Responsibilities and Liability

2.1 Full Responsibility:

 As a Makeup Artist on FullFace, you are completely liable and responsible for all aspects of your Makeup Services, including:

• Your Services: The quality, safety, and legality of all Makeup Services you provide through the FullFace PaaS.
• Client Interactions: All interactions with clients, including Scheduling, communication, service delivery, and client satisfaction.
• Service Quality and Safety: Ensuring the quality, safety, and legality of all Makeup Services provided through FullFace.
• Licenses and Permits: Ensuring and maintaining all necessary licenses, permits, and insurance required to practice in your jurisdiction.
• Hygiene and Safety Standards: Adhering to all relevant hygiene and safety standards applicable to your profession.
• Products & Tools Liability: Ensuring the safety and quality of all products used in your Makeup Services.
• Liability: Being fully liable for any harm, injury, or damage caused to clients or third parties as a result of your Makeup Services, including but not limited to personal injury, property damage, emotional distress, or loss of earnings.  It is encouraged that you purchase insurance to reduce risk and liability.
• Client Losses and Damages: Taking reasonable care of all client property entrusted to you during Makeup Services. Any harm, injury, or damage caused to clients or third parties during or as a result of your services.  It is encouraged that you purchase insurance to reduce risk and liability.
• Loss or Damage: Being responsible for any loss or damage to your own tools, products, or client property that occurs while using the FullFace PaaS.  It is encouraged that you purchase insurance to reduce risk and liability.
• Client Assumption: You agree to assume all responsibility for your clients, tools, products, and losses from the moment you begin using the FullFace PaaS. It is encouraged that you purchase insurance to reduce risk and liability.
• Listing and Service Responsibility: You are responsible and liable for all listings and services you publish and service on the FullFace app.
• FullFace, Inc. Non-Liability: FullFace, Inc. is not liable for any fault of the Makeup Artist and assumes no liability or responsibility to any Makeup Artists. FullFace is not responsible for the conduct or actions of Makeup Artists, Clients, or Brands. FullFace disclaims all liability for any harm or damages arising from interactions or transactions on or off the platform.
• Class Action Waiver: You agree to waive all class action disputes against FullFace, Inc.
• Service Freedom: You have the freedom to work when you want and service who you want. You are not obligated to service all users that request you. You should only complete services to clients where you are comfortable, safe, and mentally sane to operate and service a client.

2.2 Makeup Artist Obligations:

Makeup Artists agree to:

• Compliance with Laws and Regulations: Adhere to all applicable federal, state, and local laws and regulations, including but not limited to, FDA regulations and cosmetic laws, in the provision of makeup application services.
• Product Safety: Use only makeup products that are FDA-approved or compliant with applicable cosmetic regulations and industry standards.

Safe Practices: Maintain high standards of hygiene and sanitation in all aspects of service delivery.
By agreeing to these Terms of Service, Makeup Artists represent and warrant that they will comply with all applicable laws and regulations in the performance of their services.

2.3 Indemnification: 

You agree to indemnify, defend, and hold harmless FullFace, its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the FullFace PaaS or your provision of Makeup Services through the FullFace PaaS:   

• Your use of the FullFace PaaS.
• Your provision of Makeup Services through the FullFace PaaS.
• Any act or omission by you.

3. Artist Listings and Services

3.1 Marketplace: 

FullFace, Inc. operates as a mobile marketplace similar to Shopify, allowing you to:

• Customize and Publish Listings: Create detailed descriptions of your Makeup Services with pricing and availability.
• Accept Clients: Manage client bookings and requests directly through the platform
• Access to a Payment Facilitator: use third party payment solutions to accept payments on behalf of your clients
• Opportunity to Earn: Makeup Artists are able to payout their earnings after they completed service and are ready to transfer funds after a processing period and fee.

3.2 Responsibility for Listings:  

You are solely responsible for all content, descriptions, pricing, and services offered in your published listings. If you provide false information, claim stolen work, operate under false pretenses you will be held responsible for any damages that occurred for all parties involved including FullFace, Inc.

3.3 Listings 

Makeup Artists will make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, FullFace does not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All listings are subject to availability, and we cannot guarantee that listings will be available. We reserve the right to discontinue any listings at any time for any reason. Makeup artists reserve the right to modify their service prices.

4. Disclaimers and Limitations of Liability

IF NO EVENT WILL BE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

4.1 FullFace Role: 

FullFace is a platform that connects Artists with clients. We are not responsible for:

• The quality of your services.
• Any acts or omissions by you.
• Any disputes between you and your clients.

4.2 Assumption of Risk: 

By using FullFace, you acknowledge and assume all risks associated with using the platform and engaging with clients. FullFace is a platform that connects Makeup Artists and Clients. While we verify Makeup Artist identities, we do not conduct background checks on either party. Users are responsible for their own safety and should exercise caution when interacting with others on the platform.

4.3 Independent Contractor Status

You understand and agree that you are an independent contractor and not an employee of FullFace, Inc. You have no right to receive employee benefits, insurance, or protections.

4.4. Waiver of Class Action Claims

You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against FullFace. Any dispute arising out of or related to these Terms or your use of the FullFace PaaS must be resolved on an individual basis.

5. Platform Access

FullFace grants you a non-exclusive, non-transferable license to access and use the FullFace PaaS solely for the purpose of providing Makeup Services. You agree to comply with all rules, policies, and procedures established by FullFace regarding the use of the FullFace PaaS.

5.1 Use of the Services

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy if such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) you use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
By using our Services, you agree to comply with all applicable laws and regulations.
You agree not to:

• Data Scraping: Systematically collect data from our Services without our permission.
• Account Manipulation: Create fake accounts, spam other users, or use automated tools to interact with the Services.
• Security Interference: Attempt to bypass security measures or exploit vulnerabilities in our Services.
• Misuse of Services: Use our Services for illegal or harmful purposes, including harassment, threats, or fraud.
• Disruptive Behavior: Interfere with the operation of our Services or harm our reputation.
• Unauthorized Access: Access or use our Services in a way that is not authorized.
• Harmful Content: Upload or transmit malicious content, such as viruses or harmful code.
• Automated Tools: Use automated tools or scripts to interact with our Services without our permission.
• Misrepresentation: Misrepresent yourself or your affiliation with us.
• Illegal Activity: Use our Services for any illegal or unauthorized purpose.

6. User Independence

6.1 Client Selection:

 You have the freedom to choose which clients you accept based on your comfort, safety, and mental well-being. You are not obligated to service all users who request your services.
Clients are solely responsible for selecting and booking Makeup Artists on FullFace.

6.2 On-Demand Service: 

FullFace operates as a mobile, on-demand platform. All services must be completed at the client’s location.

6.3 Safety and Respect: 

We strive to create a safe and respectful platform for both makeup artists and clients. Please be cautious when interacting with other users. If you feel unsafe or uncomfortable, report the user and block them.
All users should treat each other with respect, including their workspace and tools. Maintain high standards of hygiene and sanitation. Please report any user who violates these guidelines.

6.4 User/Makeup Artist Contributions

In this policy, the term “Contributions” means: 

• Any data, information, software, text, code, music, scripts, sound, graphics, photos, videos, tags, messages, interactive features, or other materials that you post, share, upload, submit, or otherwise provide in any manner on or through to the Services; or 
• Any other content, materials, or data you provide to FullFace or use with the Services.

When you post content on FullFace (like photos, videos, or reviews), you represent that:

• You own the content or have the right to use it.
• The content is accurate and doesn’t violate any laws.
• The content doesn’t infringe on anyone else’s rights, like copyright or privacy.
• You have permission to use any people’s names or images in your content.

You agree not to post content that is:

• Illegal or harmful
• Abusive, threatening, or hateful
• False or misleading
• Sexually suggestive or exploitative
• Spam or promotional
• Discriminatory
• Is discriminatory based on race, sex, religion, nationally, disability, sexual orientation, or age;
• Bullies, intimidates, humiliates, or insults any person;
• Promotes, facilitates, or assists anyone in promoting and facilitating acts of terrorism;
• Infringes, or assists anyone in infringing, a third party’s intellectual property rights or publicly or privacy rights;

You may not use FullFace to offer or sell:

• Illegal or harmful products or services
• Regulated items like weapons or controlled substances
• Sexually explicit materials or services
• Items that require a professional license, such as cosmetics or beauty services
• Stolen goods or fraudulent items
• Contains unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation that has been “paid for,” whether with monetary compensation or in kind; 

Some areas of the Platform may allow users to upload, transmit, or post Contributions. We may but are under no obligation to review or moderate the Contributions made on the Services, and we expressly exclude our liability for any loss or damage resulting from any of our users’ breach of this policy. Please report any Contribution that you believe breaches this Policy; however, we will determine, in our sole discretion, whether a Contribution is indeed in breach of this Policy.

6.5 Reviews and Ratings

By submitting a review or rating, you agree to:
Provide honest and accurate feedback.
Avoid posting reviews that are motivated by personal gain or affiliation.
Refrain from engaging in review manipulation or coercion.
Not make legal claims or accusations.

7. Required Information

7.1 Personal Information: 

You are required to provide personal information such as name and contact details to create an account.

7.2 Bank Information: 

To receive payment for services, you are required to provide bank account information for secure payouts through Stripe.

7.3 Identity Verification: 

For the safety of all users, you must complete identity verification through a third-party service like Stripe Identity.

8. Termination

The consequences for violating our Policy will vary depending on the severity of the breach and the user’s history on the Services, by way of example:

We may, in some cases, give you a warning and/or remove the infringing Contribution, however, if your breach is serious or if you continue to breach our Legal Terms and this Policy, we have the right to suspend or terminate your access to and use of our Services and, if applicable, disable your account. We may also notify law enforcement or issue legal proceedings against you when we believe that there is a genuine risk to an individual or a threat to public safety.

We exclude our liability for all action we may take in response to any of your breaches of this Policy.
FullFace may terminate your access to the FullFace PaaS at any time for any reason, with or without notice. Upon termination, you will immediately cease all use of the FullFace PaaS and any related materials.

8.1 Complaints And Removal Of Legitimate Content

If you consider that some Content or Contribution have been mistakenly removed or blocked from the Services, please refer to the contact details at the bottom of this document and we will promptly review our decision to remove such Content or Contribution. The Content or Contribution may stay “down” whilst we conduct the review process.

Guideline Violations will be penalized at FullFace, Inc. Users who are reported will be on probation and could be banned from FullFace, Inc. According to our Trust and Safety, we need to review all profiles and users that are reported to FullFace, Inc. for the safety of our users. We will notify the user with a final update of the user they reported to make sure the case is closed.

9. Earnings and Payouts

These Terms and Conditions (“Terms”) govern the payout process for Makeup Artists (“you”) on the FullFace App (“App”) for earnings generated through providing makeup services. By using the App and accepting these Terms, you agree to the following terms regarding your payouts.

9.1. Payment Processing

FullFace utilizes Stripe, a secure payment processing solution, to handle all financial transactions. You are responsible for creating a Stripe account and ensuring its accuracy and security. Please refer to Stripe’s legal documents (https://stripe.com/legal/ssa) for detailed information on their terms and conditions.

9.2  Earnings Calculation

Your total earnings will be calculated based on the service fees you set for each makeup service booked through the App. FullFace may deduct applicable platform fees and commissions (e.g., transaction processing fees and commissions) from your total earnings before payout. We will display your current earnings and platform fees breakdown transparently within your FullFace dashboard.

9.3 Payout Schedule

Payouts will be processed on a bi-weekly basis (every two weeks) on a designated schedule communicated through the App. The specific payout date will depend on the processing time of Stripe and may vary slightly. You will be notified within the App regarding any changes to the payout schedule.

9.4 Payout Method

You can initiate payouts from your FullFace dashboard directly to your linked bank account. Please ensure you provide accurate and valid bank account information for successful payouts.

9.5  Minimum Payout Threshold

There may be a minimum payout threshold in place. You will be notified of the minimum payout amount within the App. Once your accumulated earnings exceed the threshold, you can initiate a payout.

9.6. Disputes and Chargebacks

FullFace will act as an intermediary between you and the client. In case of any disputes or chargebacks related to a booking, FullFace may withhold the disputed amount from your payout until the issue is resolved. You will be notified of any such disputes and have the opportunity to provide relevant information to FullFace for resolution.

9.7. Taxes

You are solely responsible for reporting and paying any applicable taxes on your earnings. FullFace will not withhold taxes on your behalf. Please consult with a tax advisor for any questions regarding your tax obligations.

9.8 Termination

FullFace reserves the right to terminate your access to the App and withhold any unpaid earnings if you violate these Terms or any other FullFace agreements.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Delaware, Texas, and Illinois, without regard to its conflict of laws principles.  

11. Intellectual Property

Our Ownership
FullFace owns all intellectual property rights associated with the app, including its code, design, content, and logos (collectively, “Content”). This includes copyrights and trademarks protected by international law.

11.1 Your Access

We grant you a non-exclusive, non-transferable license to use the app for personal or internal business use only. This allows you to:

• Access the app
• Download or print limited portions of the Content for authorized use

11.2 Restrictions on Use

Without our written permission, you may not:

• Copy, reproduce, or distribute any part of the app or its Content for commercial purposes.
• Modify, translate, or create derivative works from the app or its Content.
• Sell, license, or sublicense the app or its Content.
• Reverse engineer or disassemble the app.

If you’d like to use the app or its Content beyond these limitations, please contact us at legal@fullface.app. When granted permission to use our Content, you must identify us as the owner and ensure copyright notices remain intact.
We reserve all rights not expressly granted to you. Breaching these terms will terminate your access to the app.

11.3 Your Content

Submissions:
When you send us suggestions, ideas, or feedback (“Submissions”), you grant us full ownership of the intellectual property rights. This allows us to use them for any purpose without acknowledging or compensating you.

Contributions:
The app may allow you to post content (“Contributions”), such as reviews, photos, or messages. These Contributions may be viewed by other users.
By posting Contributions, you grant us a broad license to:

• Use, copy, distribute, and display your Contributions for any purpose, including commercially.
• Modify, translate, or create derivative works from your Contributions.
• Sublicense these rights to others.

This license includes using your name, company name, and logos associated with your Contributions.

11.4 Your Responsibilities:

• You are responsible for the content you post.
• You confirm you won’t post anything illegal, hateful, defamatory, or misleading.
• You warrant that your Contributions are original or you have the necessary rights to share them.
• You confirm your Contributions don’t contain confidential information.

You agree to reimburse us for any losses resulting from your breach of these terms or infringement of third-party rights.

11.5 Our Right to Remove Content

While we have no obligation to monitor Contributions, we reserve the right to remove or edit any content deemed harmful or violating these terms.

11.6 Copyright Infringement

We respect intellectual property rights. If you believe our app infringes on your copyright, please refer to our “Digital Millennium Copyright Act (DMCA) Notice and Policy” section.

12. Arbitration

12.1 Governing Law.

 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.   

12.2 Dispute Resolution. 

Any dispute, controversy, difference, or claim arising out of or in connection with this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and Procedures. The arbitration shall be conducted in San Francisco, California, or another mutually agreed-upon location. The arbitrator shall have the authority to award any relief that could be awarded by a court of competent jurisdiction. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.   

12.3 Class Action Waiver. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION, AND YOU AGREE TO OPT OUT OF ANY CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION CLAIMS.

12.4 Fees. 

Each party shall bear its own costs of arbitration, including attorneys’ fees, except that the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party.

13. Entire Agreement

These Terms constitute the entire agreement between you and FullFace with respect to your use of the FullFace PaaS and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
We will provide you with prior notice of any scheduled changes to the Services you are using. The Modified Legal Terms will become effective upon posting or notifying you by email, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

We recommend that you print our Terms of Service on http://www.fullface.app/legal

14.  Disclaimer

Last Updated October 28, 2024

FullFace, Inc. is under no obligation to monitor users’ activities, and we disclaim any responsibility for any user’s misuse of the Services. FullFace, Inc. has no responsibility for any user or other Content or Contribution created, maintained, stored, transmitted, or accessible on or through the Services, and is not obligated to monitor or exercise any editorial control over such material. If FullFace, Inc. becomes aware that any such Content or Contribution violates this Policy, FullFace, Inc. may, in addition to removing such Content or Contribution and blocking your account, report such breach to the police or appropriate regulatory authority. Unless otherwise stated in this Policy, FullFace, Inc. disclaims any obligation to any person who has not entered into an agreement with FullFace, Inc. for the use of the Services.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,  AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS PRE OR POST SERVICE OR APPLICATION (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR  ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND /OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.  

15.1 WEBSITE & MOBILE APPLICATION DISCLAIMER

This information by FullFace, Inc. (“we,” “us,” or “our”) on http://www.fullface.app (the “Site”) and our mobile application is for general information purposes only. All information on the Site and our mobile application is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, or completeness of any information on the Site or our mobile application. UNDER NO CIRCUMSTANCE SHALL WE HAVE LIABILITY TO YOU OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR MOBILE APPLICATION OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE OF THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.

15.2 EXTERNAL LINKS DISCLAIMER

The Site and our mobile application (or you may be sent through the Site or our mobile application) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD – PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

15.3 PROFESSIONAL DISCLAIMER

The Site and mobile application cannot and does not contain makeup application services advice. The make up application services information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of makeup application services advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE OR OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.

16. Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor will have no warranty obligation whatsoever with respect to the app; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using App, e.g.., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third -party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.

17. Social Media

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third Party Account”) by either: (1) providing your Third -Party Account login information through the Services or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third Party Account ( the “Social Network Content”) so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the Third-Party service provider, then Social Network Content may no longer be available on and through the Services You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or though your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such a Third-Party Account, except the username and profile picture that become associated with your account.

18. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all the data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. 

19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statues, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

20. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: fullface.app/legal. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Illinois, Texas, and Delaware. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws then through your continue use of the Services, you are transferring your data to our database, and you expressly consent to have your data transferred to and processed online via FullFace, Inc.

21.DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked by the Services infringes your copyright, you should consider first contacting an attorney.

All notifications should meet the requirements of DMCA 17 U.S.C § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the Notification, a representative list of such works on the Services; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonable sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaiining party is authroized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside of the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty or perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

22. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserved the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

23. Contact Us

You can contact us by email at support@fullface.app or submit our form via http://www.fullface.app/support.

24. Acceptance

BY CONTINUING WITH YOUR ONBOARDING JOURNEY ON THE FULLFACE PLATFORM AS A MAKEUP ARTIST, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS OF SERVICE, DISCLAIMER, AND ACCEPTABLE USE POLICY. IF YOU DO NOT AGREE, PLEASE WITHDRAW FROM SIGNING UP AND DELETE THE APP. BY CONTINUING TO SIGN UP, LOGIN, CREATE OR PUBLISH A LISTING, OR BOOK