Effective Date: December 15, 2020
YOUR PURCHASE OF A DEVICE OR SUBSCRIPTION SERVICES REQUIRES THAT YOU AGREE TO THE TERMS. IF YOU DO NOT UNDERSTAND THE TERMS OR DO NOT ACCEPT ANY PART OF THEM, DO NOT PLACE AN ORDER.
1. FaceTrack Services
When you use any FaceTrack product or service through your Device or Subscription Services, your use is subject to the applicable terms and conditions for those services, including the FaceTrack Terms of Service. Note that FaceTrack services and content may vary by region. All features, functionality and other product specifications are subject to change without notice or obligation.
FaceTrack may provide information about you to third parties to detect, prevent or otherwise address fraud, security or technical issues.
3. Ordering and Payment
By providing a credit card or other payment method accepted by FaceTrack, you represent and warrant that you are authorized to use the designated payment method, and you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges detailed at checkout). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.
FaceTrack reserves the right to reject all or part of an order or a return request and may refuse to ship Devices to you for reasons such as: (a) if we detect suspicious or fraudulent activity (including unauthorized reseller activity) in violation of these Terms; (b) if you do not live in a country or U.S. state from which Devices may be purchased; or (c) if you order more than the permitted maximum number of Devices.
4. Subscription Services
We offer different subscription plans for our Subscription Services.
Continuous Subscriptions. When you purchase any of our Subscription Services, you expressly acknowledge and agree that (1) FaceTrack is authorized to charge you a monthly or annual subscription service fee depending on the billing cycle you choose (in addition to any applicable taxes) for as long as your subscription continues, and (2) your subscription is continuous until you cancel it or such Subscription Service is suspended, discontinued or terminated in accordance with these Terms.
Billing. We automatically bill the payment method associated with your FaceTrack account on a monthly or annual basis (depending on the billing cycle you choose). Day one of your billing cycle is tied to the date you activate your Subscription Services by activating your FaceTrack device. In the event you later decide to purchase additional Subscription Services (each, an “Add-On Service”), your payment for such Add-On Service will be prorated to the renewal date of your initial Subscription Service and the full amount of the add-on service will be charged on your subscription renewal date. You acknowledge that the amount billed may vary due to promotional offers, changes in your Subscription Services plan and changes in applicable taxes, and you authorize us to charge your payment method for the corresponding amounts.
Cancellations and Refunds. Please send all cancellation requests to firstname.lastname@example.org.
Free Trials. We may offer free trials of our Subscription Services for limited periods of time. If you cancel within the trial period, you will be required to return all devices. A prepaid label will be provided for the return. If you fail to initiate your return within two weeks of your cancellation notice, a one-time charge will be placed on your card for the monthly total of your subscription. We have no obligation to notify you when your free trial ends.
5. Prices and Taxes
The Device and/or Subscription Service price displayed on the Store does not include any shipping charges. Information about shipping charges will be presented at checkout before you place your order. All prices displayed on the website are subject to change at any time without notice.
In the event we change the pricing for any Subscription Service you have purchased, we will give you advance notice of this change. After receiving this notice, you will be deemed to have accepted the change in pricing, unless you cancel your subscription as set forth in section 6 above.
Applicable taxes will be presented at checkout or on the Device or Subscription Service description page, and such taxes are estimated and may be subject to change until you are charged.
We may not be able to deliver Devices to all locations. If FaceTrack does not ship a Device to the address you provided, you will be sent a notice and you will not be charged for your order.
If a Device is not successfully delivered because we or a delivery agent made a mistake, you will not be charged at all and all charges will be reversed.
If you do not receive your Device, please contact email@example.com.
If you do not receive your order after FaceTrack has made 2 delivery attempts (for example the package has been lost or stolen before you receive it), FaceTrack may require a signature confirmation on the delivery and will replace the Device as opposed to issue a refund.
Any delivery dates or times provided by FaceTrack (or a delivery agent) are estimates only and are not guaranteed.
7. Availability and Order Limits
All Devices offered on the Store are subject to availability. We reserve the right to discontinue offering certain Devices without prior notice.
FaceTrack may offer promotions or promotional prices for the sale of Devices. If so, any terms applicable to such promotional offers or prices will govern the offer.
9. Use of the Device
Please carefully read any instructions that come with the Device, including instructions that may be available online. In order to make use of any enhanced functionality of your Device, you may have to sign in to your FaceTrack account or open a FaceTrack account if you do not yet have one. Further, you agree to comply with any agreements applicable to your use of the Device or any software on the Device.
10. Device Technical Specifications
Device performance, as described in any Device description page, will depend on Device settings, usage, and many other factors. FaceTrack will do everything we can to ensure you get the most from your device.
11. Data and Deactivation
If you tell FaceTrack that you have not received your Device, the Device is defective, or it has been lost or stolen, FaceTrack may deactivate that Device.
12. Defects; Warranties; Disclaimer of Warranties
If the Device is or becomes defective through no fault of your own, you may have statutory rights such as repair or replacement of the defective Device, or in some cases, a price reduction, or the right to cancel the contract for a refund.
If you have a defective Device, please contact firstname.lastname@example.org.
If FaceTrack provides you with a replacement Device, you agree that FaceTrack may exchange the defective Device with a new or refurbished Device. If FaceTrack provides you with an advanced replacement device before we receive your defective Device, and you do not return the defective Device within the time communicated to you in notification emails, you authorize FaceTrack to charge your original form of payment for the full value of the replacement Device.
Nothing in this section affects your legal rights under statutory or applicable laws.
13. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FACETRACK AND ITS SUBSIDIARIES AND AFFILIATES, INCLUDING SUPPLIERS (COLLECTIVELY, "FaceTrack PARTIES") SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE DEVICE OR THESE TERMS, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT A FaceTrack PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FACETRACK PARTIES' TOTAL LIABILITY IN CONNECTION WITH THE DEVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO FACETRACK UNDER THESE TERMS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
14. Device Features Outside of FaceTrack’s Control
You acknowledge that unless specifically provided in any Device description page, no Device comes with a cellular data plan, a wireless service plan or other Internet connectivity service. You are solely responsible for obtaining any access to the Internet or wireless service through a cellular data service provider or a wireless service provider (each, a “Wireless Carrier”) or other Internet connectivity service provider ("Internet Service Provider") whose service is compatible with the Device. If your Device includes functionality allowing you to access the Internet via a cellular data plan, the Device may be configured to work with a certain cellular network technology. Check with your preferred Wireless Carrier for compatibility and mobile data plan availability.
You agree that, unless specifically provided in any Device description page or otherwise agreed by FaceTrack, FaceTrack has no responsibility for the provision of cellular data services, wireless services or other Internet connectivity services, or the terms under which Wireless Carriers or Internet Service Providers may offer those services. Internet Service Providers and Wireless Carriers may charge you for usage and other fees that FaceTrack does not control.
You understand that the Device may only be compatible with certain hardware accessories manufactured by third parties, and FaceTrack makes no warranty with respect to such third-party hardware accessories or their compatibility with the Device.
Returning the Device, in accordance with these Terms, does not cancel your service contract with your Internet Service Provider or Wireless Carrier, if applicable, so you must contact your Internet Service Provider or Wireless Carrier (and any other applicable service provider(s)) directly to cancel such service(s).
15. Changes to the Terms
The Terms in effect at the time you place an order for the Device will apply to such order and Device. FaceTrack reserves the right to make changes to these Terms from time to time, and any such changes will apply to future orders. If you purchase our Subscription Services, we will notify you in the event we make changes to these Terms that affect your subscription.
16. Events Beyond Reasonable Control
Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control.
17. No Waiver
If you do not comply with these Terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.