Terms and Conditions
Read this before you use the Services. These terms are weighted in our favour. They limit what we owe you, cap what we pay if things go wrong, and place most of the risk of your use of the Services on you. If any of that is unacceptable, do not use the Services.
1. Agreement
These Terms and Conditions ("Terms") govern your access to and use of the FaceLogon website, dashboard, widget, APIs, documentation and related services (the "Services"), supplied by FaceLogon ("we", "us", "our"). By creating an account, embedding our widget, calling our API, or otherwise using the Services, you accept these Terms in full.
If you accept on behalf of a company or other entity, you warrant that you have authority to bind it, and "you" means that entity.
We may change these Terms at any time by publishing a revised version. Changes take effect when published. Your continued use after that constitutes acceptance. You are responsible for reviewing this page. We are not obliged to notify you individually.
2. The Services are provided as-is
To the maximum extent permitted by law, the Services are provided "as is" and "as available", with all faults, and without warranty or condition of any kind, whether express, implied or statutory.
We expressly disclaim all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement.
Without limiting the above, we do not warrant that:
- the Services will be uninterrupted, timely, secure, or error-free;
- any face check, code, message or authentication decision will be accurate, complete, or correct;
- the Services will detect impersonation, spoofing, presentation attacks, deepfakes, coercion, or account sharing;
- any SMS, email or other message will be delivered, delivered on time, or delivered to the intended recipient;
- defects will be corrected, or that the Services are free of viruses or harmful components;
- the Services will meet your requirements or comply with any law applicable to you.
No advice or information obtained from us, whether oral or written, creates any warranty not expressly stated here.
3. The Services are not a security guarantee
Authentication is probabilistic. A face check returns a likelihood, not a certainty. A code proves possession of a channel, not the identity of a person. You acknowledge that:
- false accepts and false rejects will occur, at rates that vary with lighting, hardware, demographics, and configuration;
- the strength of any sign-in depends entirely on the factors you choose to require, and we do not require you to choose any particular combination;
- a configuration that asks for one factor, or none, is your decision and its consequences are yours;
- warnings shown in our dashboard are informational only and their absence is not an endorsement of your configuration;
- you remain solely responsible for deciding what the Services are permitted to grant access to.
You must not use the Services as the sole control protecting anything whose loss you cannot afford. This includes payments, funds transfer, medical records, safety-critical systems, controlled substances, firearms, or anything where failure could cause death, personal injury, or serious financial or reputational loss. If you do so, you do so entirely at your own risk and you indemnify us in full under clause 8.
4. Your responsibilities
You are solely responsible for:
- obtaining every consent, permission and authorisation required to collect and process biometric and personal information from your end users;
- publishing an accurate privacy policy and any notice required by law in every jurisdiction where your users are located;
- your compliance with all applicable privacy, biometric, consumer, telecommunications and data protection law;
- the security of your API keys, secrets, webhook signing keys and dashboard credentials;
- verifying every sign-in code server-side before granting access, and for any consequence of failing to do so;
- all activity conducted under your account, whether or not authorised by you;
- the accuracy of every configuration you set, including allowed domains, redirect addresses and factor selection.
Any generator, template, sample, example or default configuration we provide is a convenience only, is not legal advice, has not been reviewed by a lawyer, and is provided subject to the same disclaimers as the rest of the Services. Adopting one does not transfer any responsibility to us.
5. Acceptable use
You must not, and must not permit anyone else to:
- use the Services to identify, track, profile or surveil any person without their informed consent;
- use the Services for covert identification, law enforcement, or any purpose prohibited by biometric privacy law;
- collect biometric information from children below the age of consent in their jurisdiction;
- reverse engineer, decompile, or attempt to derive any model, template or algorithm from the Services;
- resell, sublicense or white-label the Services without our prior written agreement;
- circumvent rate limits, quotas, allowed-domain checks, or any other technical restriction;
- use the Services in any way that exposes us to legal or regulatory risk.
We may suspend or terminate your access immediately, without notice and without refund, if we believe in our sole discretion that you have breached this clause.
6. Availability, changes and data
We provide no service level commitment and no uptime guarantee unless we have signed a separate written agreement with you that says otherwise. We may modify, suspend, degrade, rate-limit or discontinue any part of the Services at any time, for any reason, with or without notice.
We may change pricing, quotas and plan features at any time, effective on publication or at the end of your current billing period, at our discretion.
You are responsible for your own records and backups. We are not a system of record. We may delete data associated with a closed, suspended or unpaid account without further notice.
7. Limitation of liability
To the maximum extent permitted by law:
- we are not liable for any indirect, incidental, special, consequential, punitive or exemplary loss;
- we are not liable for loss of profits, revenue, business, goodwill, anticipated savings, opportunity, or data, whether direct or indirect;
- we are not liable for any unauthorised access to, or use of, any account of yours or of your end users, however caused;
- we are not liable for any act or omission of any third party, including telecommunications carriers, email providers, hosting providers, browser vendors, or the upstream face-matching provider;
- we are not liable for any loss arising from your configuration, your integration, your code, or your failure to verify a sign-in code server-side.
This applies regardless of the theory of liability, whether in contract, tort (including negligence), statute or otherwise, and even if we have been advised of the possibility of the loss.
Our total aggregate liability arising out of or relating to the Services and these Terms, for all claims combined, is limited to the greater of (a) the total fees actually paid by you to us in the three (3) months immediately preceding the event giving rise to the first claim, or (b) AUD $100.
Where liability cannot lawfully be excluded โ including under the Australian Consumer Law โ our liability is limited, at our option, to resupplying the Services or paying the cost of having them resupplied.
Any claim must be brought within twelve (12) months of the event giving rise to it, or it is permanently barred.
8. Indemnity
You indemnify, defend and hold harmless FaceLogon, its officers, employees, contractors and suppliers from and against all claims, demands, proceedings, losses, damages, fines, penalties, and costs (including full legal costs on a solicitor-and-own-client basis) arising out of or connected with:
- your use of, or configuration of, the Services;
- any claim by an end user of yours, including any claim relating to biometric information, consent, notice, or unauthorised access;
- any breach by you of these Terms or of any applicable law;
- any content, data or instruction you submit to the Services.
This obligation survives termination.
9. Fees and payment
Fees are payable in advance and are non-refundable, in whole or in part, including for partial periods, unused quota, downtime, suspension, or termination for any reason. We may recover any unpaid amount together with interest and all costs of recovery.
10. Intellectual property and feedback
We retain all right, title and interest in the Services. You receive a limited, revocable, non-exclusive, non-transferable licence to use them in accordance with these Terms, and nothing more.
Any feedback, suggestion or idea you give us is assigned to us on receipt, without compensation, and we may use it for any purpose without restriction or attribution.
11. Termination
We may terminate or suspend your access at any time, for any reason or no reason, with or without notice, without liability. On termination your licence ends immediately and you must cease all use of the Services. Clauses 2, 3, 4, 7, 8, 9, 10 and 12 survive.
12. General
These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales and waive any objection to venue or forum.
You may not bring or participate in any class, collective or representative proceeding against us.
If any provision is held unenforceable, it is to be read down to the minimum extent necessary, and the remainder continues in full force.
Our failure to enforce any provision is not a waiver of it. You may not assign these Terms; we may assign them freely.
These Terms, together with our Privacy Policy, are the entire agreement between us and supersede all prior discussions, proposals and representations.
The short version
- The Services are supplied as-is, with no warranty and no uptime guarantee.
- Authentication is probabilistic. It is not a guarantee that anyone is who they claim to be.
- How strong your sign-in is depends on the factors you choose. That choice, and its consequences, are yours.
- Do not use this as the only thing standing between someone and money, health records, or anything dangerous.
- Our liability is capped at three months of fees, or AUD $100 โ whichever is greater.
- You indemnify us against claims from your users.
- New South Wales law, New South Wales courts, no class actions.
This summary is not the agreement. The clauses above are. If the two differ, the clauses win.